Court: Braidwood cops abused power

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Updated: August 4, 2011 4:20PM

BRAIDWOOD — A federal appeals court has ruled that there was a “blatant and embarrassing abuse of police power” in a case a ComEd meter reader filed against two Braidwood police officers five years ago.

The problems began when Christina Jones of Joliet was working in Braidwood. She was stopped and arrested by Officers Craig Clark and Donn Kaminski, according to recently released legal documents.

The officers were responding to a report that a “person of color” was taking pictures of houses in Braidwood. Jones is black; both officers are white.

The city of Braidwood’s population in 2000 was more than 97 percent white, according to the U.S. Census Bureau.

Jones sued the officers, alleging among other things that the stop and arrest violated her Fourth Amendment rights. The officers took the position that no Constitutional violation had occurred because they reasonably suspected that Jones was involved in criminal activity at the time of the stop and had probable cause to arrest her.

Attorneys representing Clark and Kaminski said they were entitled to qualified immunity from suit.

Judges Diane Wood, Terence Evans and Diane Sykes of the U.S. Court of Appeals for the Seventh Circuit ruled that the officers are not entitled to qualified immunity in this case.

Harassment lawsuit

The legal papers state that Aug. 16, 2005, promised to be a busy day for Jones. She had 500 electrical meters to read for ComEd before the end of her shift, and by 8 a.m. she was working in Braidwood.

Like many ComEd meter readers, Jones carried a pair of binoculars with her so that she could take readings from a distance, in the event that a gate was locked or a dog was in a yard.

A resident saw Jones using her binoculars, believed she was photographing houses and called police. When police arrived, Jones was wearing a vest emblazoned with ComEd’s logo and said she was reading meters.

Surprisingly, the court documents say, that did not end the investigation. Clark told Jones of the complaint and she gave him two identification cards with ComEd logos and her name, one of which included her photo. Jones showed her binoculars to Clark. When she turned to walk away, police informed her she was not free to leave.

After an argument, Jones tried to call her supervisor as Kaminski arrived on the scene. Clark had radioed him, saying Jones was refusing to cooperate. Kaminski knocked her phone from her hand, handcuffed her and threw her against Clark’s police car.

As Kaminski patted Jones down, she said, “This is harassment. This is happening because I am black in Braidwood.”

Jones was charged with obstructing a peace officer and released on bond.

Two years later, the case was terminated in her favor. She may now proceed with a lawsuit she has filed against the police officers for harassment.