Blog | Dinizulu Law Group, Ltd

Columbus, Ohio officer who killed Andre Hill has been fired

December 29, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – Adam Coy, the Columbus, Ohio, police officer who shot and killed Andre Hill was fired on Monday.

A disciplinary hearing was held earlier in the day following Coy’s termination. The local chapter of the Fraternal Order of Police represented Coy at the hearing.

Last Tuesday, Coy fatally shot Hill, who was Black, within seconds of their encounter. Hill walked toward Coy with an illuminated cell phone in his hand, body camera footage shows. Hill was unarmed.

“The information, evidence, and representations made by Chief (Thomas) Quinlan as the investigator are, in my opinion, indisputable. His disciplinary recommendation is well-supported and appropriated,” Pettus said. “The actions of Adam Coy do not live up to the oath of a Columbus Police officer, or the standards we, and the community, demand of our officers.”

Quinlan said in a statement Monday the evidence against Coy provided “solid rationale” for termination.

Quinlan sought termination because he said Coy shot Hill and failed to activate his body-worn camera when he responded to the call or render aid after shooting Hill. Coy turned his camera on after the shooting.

Mayor Andrew Ginther appalled Quinlan’s decision to fire Coy. Ohio’s Bureau of Criminal Investigation is also reviewing the case for potential criminal charges.

The actions of Coy and other investigators who were at the scene will continue to be investigated. Hill’s family and attorney Ben Crump said in a statement it was “the correct decision” to fire Coy.

Ceiling fans sold at Home Depot recalled because blades may spin off

December 29, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – More than 190,000 ceiling fans have been recalled because of the fans’ blades may detach and fly off while in use.

King of Fans, a Fort Lauderdale-based company that makes the 54-inch Mara ceiling fans, announced the recall on Wednesday after receiving 47 reports of blades detaching, with at least two consumers hit by a blade and four instances of property damage.

The fans were sold in Home Depot nationwide from April to October of this year costing nearly $150. About 182,000 were sold in the U.S. and another 8,800 were sold in Canada.

The recall came in three finishes according to U.S. Consumer Product Safety Commission:

Matte white (UPC No. 082392519186)
Matte black (UPC No. 082392519193)
Black (UPC No. 082392599195)
Polished nickel (UPC No. 082392599188)

Consumers have been urged to stop using the fans immediately and to check for signs of defects. For those who notice “blade movement or uneven gaps between the blades and fan body,” should contact King of Fans for a free replacement.

King of Fans can be contacted at (866) 433-1291, Monday through Friday from 9 a.m. to 5 p.m. EST, or by emailing MaraRecall@KingofFans.com.

National Safety Council Estimates More Than 720 Fatalities in Roadway Crashes over Christmas, New Year’s Holiday

December 22, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – While the holiday season may look a bit different this year, there’s one thing that remains stagnant: holiday traffic fatalities. While the CDC urges Americans against traveling, many will still be on the go.

The National Safety Council (NSC), located in Itasca, Ill.) estimates more than 720 people will be killed on the roadway during Christmas weekend across the nation, and an additional 384 over New Year’s weekend.

As many as 287 lives could be saved over both holiday periods if all vehicle occupants wore their seatbelts, according to NSC. Parents and guardians should be advised to check a child’s car seat is properly installed.

Please do not get behind the wheel if you have been drinking. By drinking intoxicated, you run the risk of harming yourself and other innocent bystanders. Alcohol is involved in nearly 39% of traffic fatalities over Christmas and New Year’s holiday periods. Technology has made everything so accessible now – choose alternative methods of transportation such as a ride-share like Uber or Lyft, cab, Metra, CTA, or el.

Other recommendations by NSC include:

Avoid distracted driving, including hands-free cellphone usage.
Get plenty of sleep and take regular breaks to avoid fatigue.
Be aware of how others are driving on the road and maintain a safe distance.
Sign a “New Driver Deal” with teen drivers at DriveItHOME.org.
Learn about your vehicle’s safety systems and how to use them at MyCarDoesWhat.org.
Check your vehicle for any recalls before getting on the road at ChecktoProtect.org.

“A safe travel season could instill much-needed hope as we start a new year and close an unrelenting one,” NSC President and CEO Lorraine M. Martin stated in a press release. “We can all do our part by buckling up, driving sober, slowing down, and avoiding distractions to look out for each other.”

Body Camera Footage Shows Moments Police Handcuff Innocent Woman During Wrong Raid

December 15, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – Police body camera footage was released on Tuesday and shows what happened to an innocent woman nearly two years ago when police officers wrongly entered her home with guns drawn and handcuffed her naked while she watched the horrific scene unfold.

Anjanette Young filed a Freedom of Information Act (FOIA) request last year and recently obtained the footage after a court ordered the Chicago Police Department to turn it over as part of her lawsuit against police, according to CBS Chicago.

The video shows on Feb. 21, 2019, nine body cameras caught a group of male officers entering Young’s home at 7 p.m. Young had just finished her shift as a licensed social worker at a hospital and was undressing in her bedroom when she heard a loud, pounding noise.

Officers repeatedly struck her door with a battering ram. From various angles of the footage, the video captured the moment officers broke her door down.

Young remembers officers yelling, “Police! Search warrant,” and “Hands up.” Moments later, Young is seen naked in the living room with her hands up. An officer can be seen eventually handcuffing her.

“What is going on?” Young yells in the video. “There’s nobody else here, I live alone. You’ve got the wrong house.”

An officer found a blanket and wrapped it around Young as she cried asking officers who they were looking for. The blanket began to slide off and expose her body in which no officer made an attempt to cover her.

Young can be heard telling police at least 43 times they were in the wrong home. She asked police to allow her to get dressed and informed them they had the wrong information.

“Oh my god, this cannot be right. How is this legal?” Young said during the raid.

According to CPD’s complaint for a search warrant, a confidential informant told the lead officer of the raid that he recently saw a 23-year-old man who was a known felon with a gun and ammunition.

The officer found a photo of the suspect in a police database and showed it to the informant, who then confirmed that was him. The officer drove the informant to the address where the informant claimed the suspect lived.

Despite police making no effort to independently verify the informant’s tip, such as conducting surveillance or any other policy checks, the search warrant was approved by an assistant state’s attorney and judge.

The informant gave police the wrong address; the suspect police were looking for lived in the unit next door to Young’s and had no connection to her.

Body camera footage also raises questions about the approval of the warrant. In one clip, officers can be heard talking saying the warrant was not initially approved.

“What does that mean?” the second officer asked.

“I have no idea,” the first officer said. “They said it was approved, then I guess that person messed up on their end.”

This is not the first time police have failed to do basic routine checks regarding bad information given by an informant.

Young said the way officers treated and spoke to her during the raid caused her experience to be more traumatic. You can see in the footage she’s visibly upset pleading with officers to tell her what was going on.

The sergeant asked Young if there were any firearms in her home.

“There’s no guns in here,” she said. “I’ve been a social worker for 20 years. I follow the lwa. I don’t get in trouble for anything. I don’t do illegal stuff. I’m not that person. You have the wrong information.”

The sergeant told the affiant officer – the officer who received the warrant – to step outside.

“I want to have a conversation with you,” the sergeant said.

Moments later, the officer’s body camera turned off.

After nearly 20 minutes, police remove the handcuffs. Towards the end of the raid, the sergeant apologized to Young.

“I apologize for bothering you tonight,” the sergeant tells Young. “I assure you the city will be in contact with you tomorrow. I apologize for meeting you this way. I will do everything I can to get the door fixed.”

Young said it was “surreal” to watch the footage back two years later. She continues to live with trauma and leans on church and her faith for support. She believes she has a responsibility to use her voice to protect others from being in the same situation.

Nursing home workers reach tentative deal to end strike against Infinity

December 7, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – A tentative agreement between Infinity Healthcare Management and its nursing home workers was reached on Friday after nearly 700 employees went on strike nearly two weeks ago.

Hundreds of workers at 11 Illinois locations of Infinity Health Care Management nursing homes went on strike on Nov. 23. Nine of those nursing homes are in the Chicago area.

Nursing home workers include cooks, housekeepers, and certified nursing assistants. Employees have been negotiating a new contact since June, immediately following when their last contract was expired.

SEIU Healthcare Illinois previously said the company discontinued pandemic pay – higher wages for essential workers during the coronavirus pandemic – at the end of July, despite receiving $12.7 million in funding from the federal CARES Act.

Under a new three-year contract, all workers would receive a minimum $1 an hour raise, with the average staff member receiving a $2 an hour wage increase. Workers would also earn annual raises in year two and three of the contract, according to SEIU Healthcare Illinois union leaders.

Nursing home workers in facilities with verified coronavirus cases or facilities being monitored due to COVID-19 cases, will also receive an increase in pandemic pay, from $2 an hour to $2.50 an hour. Employees will also gain five days of COVID-19 related sick time and be guaranteed adequate personal protective equipment.

Chicago Sun Times reported union leaders said under the new proposed contract, the average hourly wage will jump from $13.65 to $15.58. The union states the agreement will raise standards for Certified Nursing Assistant pay, which in turn, will help improve staffing levels and the level of resident care.

How Are Nursing Homes Different than Assisted Living Facilities?

December 2, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – Many people often mistake nursing homes with living assisted facilities; however, the two offer two different levels of care. Assisted living facilities often provide personal care in a home-like, social setting and is generally for people who need extra monitoring or help. On the other hand, nursing homes are for people who are seriously ill and require around the clock care and monitoring.

According to the law in Illinois, assisted living facilities are described as “a home, building, or residence, or any place where sleeping accommodations are provided for at least three unrelated adults, in which at least 80% are 55 years of age or older, where the following is provided: services based on a social media where the resident’s unit is their home, mandatory services such as meals and laundry, and a physical environment that is a homelike setting,” (77 ILCS 295.200).

Long-term care facilities, like a nursing home, have a much higher level of care than a senior living home and different requirements under the law. According to Illinois law, a long-term care facility is “a private home, institution, building, or residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill,” (210 ILCS 45/1-113).

Care and Services Provided in Senior Housing

Assisted living facilities are generally for people who need help with activities of daily living. Assisted living is a more independent level of living. Someone who suffers from memory loss and who isn’t safe living alone is someone who would live in assisted living.

By contrast, residents in nursing homes require around the clock care and monitoring. Residents in nursing homes offer suffer with more complex health care conditions that require additional assistance of a skilled nurse or a physical or speech therapist. Nursing homes legal purpose is to provide residents with intensive health care and nursing care to people who suffer from chronic conditions, like dementia or Alzheimer’s.

Regulatory Differences Between a Nursing Home and Assisted Living in Illinois

Nursing homes in Illinois are licensed, regulated, and inspected and/or certified by a number of public and private agencies, including the Illinois Department of Public Health (IDPH) and the U.S. Department of Health and Human Services Centers for Medicare and Medicaid (CMS). The IDPH is responsible for ensuring all nursing homes in the state comply with mandatory state regulations. IDPH also ensures facilities accept Medicare and Medicaid payment for services rendered to program beneficiaries meet all federal regulations.

Nursing homes are inspected at least once every six to 15 months, according to IDPH. Nursing home inspections, whether standard or in response to a complaint, are conducted without giving notice to the facility.

Assisted living facilities are often loosely regulated. Regulations are set by individual state laws, which is different in every state, and are not monitored by state or local governments. Assisted living facilities also do not receive Medicare or Medicaid funding. Illinois’ state regulation of assisted living facilities include is they must be licensed by the Division of Assisted Living.

Though there are some differences in nursing homes and assisted living facilities, there are many obvious differences. Before deciding where to place your loved one, make sure to research both facilities before determining which is a right fit.

F.A.A. Clears Boeing 737 Max to Fly Again

November 19, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – After 20 months on the ground, Boeing’s 737 Max will soon begin to fly after it tragically cost 346 people their lives.

The Max was grounded worldwide in March 2019 when the FAA jointed regulators in dozens of other countries banning the plane after the two fatal crashes in Indonesia and Ethiopia.

The Federal Aviation Administration (FAA) gave clearance to the 737 Max’s to fly once again after changes were made to the design, software and additional crew training would eliminate flaws that caused the fatal crashes in 2018 and 2019.

Boeing is facing billions of dollars in losses due to the grounding and has been affected by the blow to the aviation industry due to the coronavirus pandemic. According to The New York Times, Boeing is the largest manufacturing exporter in the United States, one of the federal government’s biggest contractors, a blue chip stock and a major employer whose fortunes help shape the national economy.

Boeing expects to begin 2021 with a global work force of 130,000 down nearly 19 percent from the head count at the beginning of this year.

The Max is the latest in Boeing’s 737 line. There are more than 380 Max planes in the global fleet, according to Cirium, an aviation data firm.

After the two deadly crashes last year, investigators have attributed the crashes to a range of problems including engineering flaws, mismanagement, and a lack of regulatory oversight. Much of the investigation was focused on a software known as MCAS, which was designed to push the plane’s nose down in certain situations.

At a news conference on Tuesday, relatives of victims from Ethiopian Airlines Flight 302 questioned whether Boeing had done enough to address safety concerns.

The changes ordered by the FAA include updated MCAS to avoid erroneous activation, updating display software to alert pilots when data from sensors are conflicting, rerouting internal wiring and updating flight manuals.

Even in the United States, it could be months before the Max begins to transport passengers again. The FAA must approve pilot training procedures for each U.S. airline operating the Max and planes must be updated; however, airlines suffering from a huge decline in traffic during the pandemic may feel more urgency to act quickly.

American Airlines is expected to the first U.S. carrier to fly the Max, with plans to fly the plane from Dec. 29 to Jan 4 for flights connecting Miami with La Guardia Airport in New York.

United Airlines said it expects to fly the Max during the first quarter of next year after 1,000 hours of work on every plane and “meticulous technical analysis.” Southwest Airlines said they didn’t expect to resume flights until the second quarter.

In both crashes, faulty sensors activated the software sending the planes toward the ground as the pilots struggled to pull them back up.

On Tuesday, the House passed a bipartisan bill aimed at changing FAA certification procedures. It will also require an expert panel to review Boeing’s safety culture. The Air Line Pilots Association applauded the legislation saying that there were “much-needed” changes to the certification process.

Recognizing Signs of Nursing Home Abuse in Residents with Alzheimer’s and Dementia

October 29, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – When placing your loved one in a nursing facility, everyone hopes their loved one will be treated with the respect and compassion they deserve. Unfortunately, that’s not the reality of how some facilities are. Physical, emotional, psychological, and sexual abuse can happen to any resident; however, Alzheimer’s disease and dementia are often ones that are at the most risk for abuse.

Physical Abuse

Physical abuse can take forms in ways of hitting, slapping, kicking, or pinching. It can also take form in a way of roughly handling your loved one when transferring them in and out of their wheelchair or bed. If a resident has bruises, cuts, or other physical injuries that they or staff are unable to explain, this may be a sign that staff or other residents have abused him or her; however, it’s important to note that not all physical injuries are a sign of abuse.

Psychological or Emotional Abuse

Nursing home staff can embarrass, isolate, and scare residents as a form of controlling them. If you see or feel that your loved one exhibits signs of fear towards staff, especially a specific staff member, this may be a sign of abuse. Sudden changes in behavior suck as rocking back and forth can be a sign of abuse. Residents who suffer from Alzheimer’s and dementia become confused and may convince themselves they are in danger and someone is harming them when they may not be the case; however, it’s important to take every precaution and investigate any report of mistreatment or signs of abuse.

Sexual Abuse

It’s difficult to believe anyone could take advantage of someone as vulnerable as an elder, especially someone who suffers from a cognitive impairment. A resident is not limited to suffering from sexual abuse from only staff members – any visitor that enters the facility can abuse an elder, along with other residents or staff members. Signs of abuse can be bruises, bleeding, agitation, depression, torn or blood-stained clothing, and contracting a sexually transmitted infection.

Contact a Cook County Nursing Home Abuse Attorney

If you suspect your loved one has been a victim of nursing home abuse, it’s important to take immediate steps to protect his or her safety. Always alert the nursing facility and authorities about signs of suspected abuse. Once your loved one is safe, contact a Chicago nursing home injury attorney at Dinizulu Law Group for a free consultation at (312) 384-1920 or visit our website for more information.

CMS Issues Memo Reaffirming Nursing Home Residents’ Right to Vote

October 22, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – The Centers for Medicare & Medicaid Services (CMS) has issued a memo affirming the continued right that nursing home residents are allowed to exercise their right to vote. The memo recognizes limitations visitors have to enter facilities to assist residents in voting; however, nursing homes must still ensure residents are able to exercise their Constitutional right to vote.

Residents’ Rights include:

483.10(b) Exercise of Rights: The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States
483.10(b)(1): The facility must ensure that the resident can exercise his or her rights without interference, coercion, discrimination, or reprisal from the facility
483.10(b)(2): The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights and to be supported by the facility in the exercise of his or her rights as required under this subpart

A resident has the right to vote and must not be impeded in any way by the nursing home facility and its staff. Nursing homes should have a plan in place to ensure residents are able to exercise their right to vote, whether in-person, by mail, absentee, or other authorized process. Some states may have specific programs to enable nursing home residents to vote in which the facility should coordinate and engage with those programs. This may include:

Mobile Polling in residential facilities performed by a bipartisan team of workers; and/or
Assistance in registering to vote, requesting an absentee ballot, or completing a ballot from an agent of the Resident’s choosing, including family representative, LTC Ombudsmen or nursing home staff

If a resident is unable to cast their ballot in person, nursing homes must ensure residents have the right to receive and send their ballots via the U.S. Postal Service, or other authorized mechanism allowed by the State or locality.

CMS regulations specific to use of mail, which also apply to voting, for voting, include:

483.10(g)(7): The facility must protect and facilitate that resident’s right to communicate with individuals and entities within and external to the facility, including reasonable access to: (i) A telephone, including TTY and TDD services; (ii) The internet, to the extent available to the facility; and (iii) Stationery, postage, writing implements and the ability to send mail
483.10(h)(2) The facility must respect the residents right to personal privacy, including the right to privacy in his or her oral (that is, spoken), written, and electronic communications, including the right to send and promptly receive unopened mail and other letters, packages and other materials delivered to the facility for the resident, including those delivered through a means other than a postal service
- Promptly meaning the delivery of mail or other materials to the resident within 24 hours of delivery by the postal service, including a post office box, and delivery of outgoing mail to the postal service within 24 hours, except when there is no regularly scheduled postal delivery and pick-up service.

Additional information is available from the HHS Administration for Community Living related to voting rights and resources, as well as contact information for Long Term Care Ombudsmen can be found here.

Pilot dies after suffering serious injuries in Ford Heights plane crash

October 21, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – A 70-year-old Frankford man has died after a small plane crashed in south suburban Ford Heights. The small aircraft crashed into a wooded area off of Lincoln Highway, just west of Illinois 394 around 5:10 p.m. on Tuesday, according to Illinois State Police.

The pilot, a 70-year-old Frankfort man, underwent emergency surgery at the University of Chicago hospital after being seriously injured in the crash.

The Cook County Medical Examiner’s Office identified him Wednesday morning as Lawrence Jagmin. The office said he died sometime on Tuesday night.

According to the Federal Aviation Administration (FAA), the engine crashed under unknown circumstances. The aircraft struck a light pole and hit a vehicle on the ground before coming to rest on an embankment.

A witness in the area said the plane came down on the shoulder of the road and a wing of the plane ripped off when it hit the light pole.

Northbound and southbound ramps to Lincoln Highway were closed at approximately 5:50 p.m. Tuesday for the investigation, according to state police. The ramps will likely stay closed late into Wednesday morning.

State police said the investigation is still underway. The FAA is also still investigating the crash.