Lake County Judge Hall files suit against Vernon Hills police

Lake County Judge David Hall has filed a lawsuit in federal court against the village of Vernon Hills and the police officers who pepper-sprayed him during a DUI arrest two years ago.

According to the lawsuit filed Monday in U.S. District Court in Chicago, Hall posed "no threat of danger ... at any time before, during or after his arrest" on April 28, 2008, and officers did not need to use pepper spray to subdue him.

The lawsuit was filed on the two-year anniversary of Hall's arrest on DUI and resisting arrest charges.

Vernon Hills Police Deputy Chief Bill Price said the department is standing behind the actions of its police officers. He said he has not seen the lawsuit.

"This was a simple and straightforward standard traffic stop where the officer had probable cause to pull over the driver, then arrest the driver," Price said. "The actions of the driver resulted not only in the traffic stop itself, but also the final outcome. At some point, people need to follow the direction given by a police officer."

Hall is suing the estate of officer Jesse W. Goldsmith - who died from a heart attack in 2008 - accusing him of excessive force, his partner Mark Sosnoski on claims he failed to intervene in the pepper-spraying of Hall, and the village of Vernon Hills because Hall says he suffered injuries as a result of the policies and procedures of its police department, the lawsuit reads.

There is no monetary amount listed in the lawsuit filed by Hall's attorney Gretchen A. Neddenriep of Diver, Grach, Quade and Masini LLP in Waukegan. It does, however, request Hall be awarded compensatory damages and attorney fees.

Neddenriep did not return phone calls seeking comment on the lawsuit.

Hall, 57, of Waukegan, was arrested by Goldsmith and Sosnoski after police stopped his car near the intersection of routes 21 and 60. Hall said he was heading home from a social function when he was pulled over.

Goldsmith, who made the traffic stop, said in his report Hall's car turned wide onto Route 60 and crossed the centerline as he followed.

According to his report, Goldsmith said he pepper-sprayed Hall, who was chief circuit judge in Lake County at the time, after Hall refused to get out of his car and attempted to roll up the driver's-side window.

Hall, who resigned his position as chief judge but remains on the bench, was taken to Advocate Condell Medical Center in Libertyville where doctors discovered an irregular heartbeat.

At least three vials of blood were drawn for medical purposes, but none of the blood was tested for alcohol content at the hospital. Police took vials to the state crime laboratory in Westchester on May 15 where blood-alcohol testing was done.

That blood is at the center of controversy in the case, after a judge ruled last month that administrative procedures were not followed in testing the blood. As a result, test results showing Hall had a blood-alcohol level of .107 would not be admissible at trial. Prosecutors have asked for a higher court review.

The DUI and resisting arrest case against Hall is still working its way through the Lake County court system and the 2nd District Appellate Court in Elgin.