Naperville Settles Federal Lawsuit with Smart Meter Opponent

The Naperville City Council has settled a federal lawsuit filed by Naperville resident Malia “Kim” Bendis. The city has agreed to pay $117,500 to Bendis.

The lawsuit was filed January 23 by Bendis, who was arrested January 23, 2013 on charges of eavesdropping and resisting a peace officer. She was later acquitted on all charges.

According to a report from the Chicago Tribune, the agreement “shall not, in any way, be construed as an admission by the (city or police) that they have acted wrongfully with respect to (Bendis).”

Bendis and members of her Naperville Smart Meter Awareness Group were against the replacement of residential, analog electric meters with wireless meters. When Bendis and other residents recorded the installation of a smart meter on the home of smart meter alliance board member Jennifer Stahl, Bendis was the only one arrested.

“The recordings made by other Naperville residents were made openly and recorded the conversations of the agents and police,” the suit stated. “None of these other residents were arrested for recording the police officers and installation agents without their consent.”

The lawsuit claimed Bendis was falsely arrested and police used excessive force. It also claimed malicious prosecution, First Amendment retaliation and equal protection class of one claim.