Village Board Rejects $50,000 Claim by Hudson Lawyer
Hudson attorney Bill Radosevich says it is his "firm intent upon this denial to file suit against the village." Village President George Klein says when all the facts come out "I think Bill will say 'thank you' for the stop.
At a special meeting on Thursday night of the North Hudson Village Board of Trustees, the board emerged from a 25-minute closed session and voted 6-0 to disallow a $50,000 claim against the village.
Last month, Hudson attorney Bill Radosevich filed the claim against the Village of North Hudson for what he says was an illegal arrest and false imprisonment stemming from an incident on July 8, 2011.
"I think that the board acted in the best interest of the village in this situation, as we try to do with everything," said North Hudson Village President George Klein.
In that July 8 incident, Radosevich was pulled over by North Hudson Police Officer Robert Moody in front of the Village Inn at about 6:30 p.m. as he was returning from a trip to Ashland. Moody made the stop based on reports of erratic driving made by a motorist who was in the vehicle behind Radosevich from Somerset into North Hudson.
Radosevich claims that despite having no alcohol in his system, he was handcuffed and left in the back of a squad car for at least 30 minutes in 100-degree heat after not performing well on field sobriety tests. When Moody reached North Hudson Police Chief Mark Richert by telephone, the chief told Moody to release Radosevich and give him a ride home.
Radosevich said being in the car for several hours during the Ashland trip contributed to his poor performance on the tests. He also said that his actions to avoid bikers and prepare to be passed were misunderstood by the driver behind him as erratic driving.
Klein said the village's insurance company balanced all the evidence and made the determination to not award the $50,000 Radosevich is seeking. The board's action on Thursday just made it official.
"They examined all the information and they disallowed the claim," Klein said. "The Board of Trustees' role tonight was to formally disallow paying the $50,000 claim that Bill Radosevich has against the village. Frankly, when you think about what is the role of the village trustees, it's to watch our dollars and cents real well. If the insurance company disallowed it, then it's almost a no-brainer."
Radosevich was not at the meeting, but afterward Hudson Patch informed him of the board's decision. He indicated that he would continue his fight against the village through escalated legal action.
"My firm intent upon this denial is to file suit against the village," Radosevich said. "I haven't decided whether it's properly venued in St. Croix County or in U.S. federal district court in Madison, but my intent is to proceed."
Radosevich says that since he filed his claim that he has enjoyed "a tremendous amount of community support" from people relating to similar run-ins with the North Hudson Police Department.
"I've been overwhelmed with people encouraging me," Radosevich said. "I have not seen any indication that the police department is changning any policy that the community as a whole I think finds offensive."
Klein, on the other hand, says the evidence is on the police department's side, and that's why the insurance company denied the claim.
"They saw the evidence from the police report," Klein said. "The police report was reflective of the video from the camera that is located on the officer's key mic. It's my firm belief that when all the facts come out, that I think Bill will say 'thank you' for the stop. There's also an affidavit signed by the gentleman who was riding in the car that followed Mr. Radosevich from Somerset all the way into North Hudson. And they are the ones who placed the 911 call that started the whole operation."
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A PDF of Radosevich's $50,000 claim against the village and a PDF of the insurance company's disallowance of claim letter to the village have been added to this post. The police incident report and 911 dispatch audio will be added once the village makes those items available.
d paul
4:07 am on Friday, January 6, 2012
I love that man! -paul
Hudson Resident
6:43 am on Friday, January 6, 2012
Let's hope he takes them to the cleaners.
Jerry Weiss
7:19 am on Friday, January 6, 2012
I don't know this man and I'll assume he's a nice, stand-up guy, but let's face it, his actions prompted alarm that he may be endangering the public behind the wheel. A report comes in, the police took action, as they should. For him to think that his 1/2 hour of inconvenience irreparably damaged his reputation and caused emotional trauma to the tune of $50,000 is simply ridiculous. Police routinely "inconvenience" people in their duties to determine fact from fiction and attempt sort out the truth in the course of their investigations. Officers need to determine of a threat is real. This officer administered a battery of tests to help make the determination and was unable to do so on his own, prompting the call to his supervisor for assistance. The officer did his job, didn't abuse or mistreat Radosevich. Was it hot in the car? Perhaps, but big deal - the man didn't suffer - he was simply inconvenienced. If his 1/2 hour of inconvenience translates into a $50,000 payout by the citizens of the Village, whose to say that a traffic stop for a broken taillight or expired registration isn't worth suing the city for $1666 per minute of being pulled over? This man's claims are frivolous and outline one of the glaring problems with America's justice system.
kk
8:40 am on Friday, January 6, 2012
He must be a democrat for darryl to vote against him.
Kevin Nelson
8:51 am on Friday, January 6, 2012
B-Dog, You obviously are not from North Hudson. The officers in the Village are out of hand and this man is courageous enough to stand up against them. As I stated in an earlier post on the original article, I do not drive or step foot in North Hudson in fear of being falsely persecuted, and I am not alone when I say that. Mr. Radosevich is a public figure and an upstanding citizen. His professional career relies on his good name. Your extrapulative figure of $1,666 is not relevent in any way. He is not suing for the 30 minutes he was falsely imprisoned. He is suing for the defamation of his name and lost wages due to the false accusations against him. Unless you have Mr. Radosevich's personal finance information then you cannot claim that $50,000 is frivolous. The issue I have with this is why is the Village employing officers that need to call their supervisor to see if they are doing the right thing, isnt that what they are trained to do? If they cannot rely on their training and do their jobs unsupervised then they have no place holding a position in law enforcement. The officers in North Hudson are a joke and are hurting the local business' as many people (myself included) have stopped supporting local business' in NH in fear of being inconvenienced by these morons.
Bob Simmons
12:27 pm on Friday, January 6, 2012
Wow, I knew the N. Hudson Police Dept has a zero tolerance on Speeding but I now get the feeling that the Dept. is out of control, you only have to look to the top of an organization that allows this type of culture to permeate the department. I would hope they take a cue from the Hudson Police Dept. which I have found to be very supportive of the community and actually involve the community in a number of project and programs. If they do not, the N. Hudson community needs to stand up and demand change they after all are paid by the taxpayers and should treat citizens with respect deserved.
Kevin Nelson
1:15 pm on Friday, January 6, 2012
Well said Bob!
Jerry Weiss
3:07 pm on Friday, January 6, 2012
Kevin, while I respect your opinion, I still disagree with the premise. To sue for defamation would require that the police dept. knowingly made a false or malicious accusation about Mr. Radosevich, which they did not. Did they make a mistake in detaining him for 30 minutes? Perhaps, but they have not gone on record to publicly abate or diminish his reputation in any way, shape or form. As far as lost wages, how does Radosevich quantify that he has lost out on $50,000 worth of wages? There are way too many variables in one's practice to quantify when and if there were ever the opportunity to make such wages and that they were, in fact, negated by his detention. This sentiment that every North Hudson officer is a tyrant looking to harass and extort the common man is ridiculous. Everyone wants to cast stones st the police, but they'll all be thanking their lucky stars when they call 911 and the officers respond to your problem.
mainstreet
4:16 pm on Friday, January 6, 2012
Not knowing all the particulars here make this somewhat hard to judge. However if a police officer can stop someone simply because some busybody with a cell phone thinks someone is driving drunk, our freedoms are in a world of hurt in this country. I would think that the officer would have had to observe something irregular in order to make the stop. If the stop was done merely on the phone call, I would think it would be illegal. Otherwise people could report anybody has driving drunk and the police would stop them??????????
Hudson Resident
4:37 pm on Friday, January 6, 2012
The North Hudson police are way over the top B Dog. I hear that from people that don't even live in the immediate area. I was chatting with a guy playing poker at Treasure Island and he was from Woodbury. The guy said he used to trap shoot at the Hudson Rod and Gun Club but won't go there anymore because he feels like he can't even have one beer when he's done shooting for fear of being pulled over. It's time for a change in North Hudson, either on the police dept or the village board.
Erin
11:16 pm on Friday, January 6, 2012
Mr. Radosevich is not suing for the money or to be reimbursed for his time of being inconvenienced. He is doing this to bring a large enough amount to bring attention to the matter and to stand up for the mistreatment of law abiding citizens. I cannot believe in this day and age that public safety is being threatened by people driving 5 mph over a posted speed limit. What a waste of taxpayer dollars!! To use your assets of your police force for that purpose is ridiculous. I would rather have a car patrolling the streets, and working on the drug epidemic that is taking over the hudson youth!
Micheal Foley
11:34 pm on Friday, January 6, 2012
Stay tuned, folks. I'm still working to get the police report, the arrest video and the 911 audio. I'll post it as soon as North Hudson Police Chief Mark Richert provides it. Then we can all see the evidence more clearly and decide for ourselves.
KTinWI
8:24 am on Sunday, January 8, 2012
Bingo, mainstreet. Something we completely agree on.
Kevin Nelson
9:24 am on Monday, January 9, 2012
B-Dog, I partially agree that it will be difficult to prove damages in this case, but I'm not sure that Mr. Radosevich is doing it for the money. I believe he is trying to raise awareness of the issues occurring in NH. I agree with Mainstreet in questioning the legality of a hearsay phone call. If they are relying on citizen patrol to enforce laws then we are in big trouble.
Jerry Weiss
2:22 pm on Monday, January 9, 2012
Kevin, we obviously see things a little differently when it comes to the reasons the claim was made, but I think you and Mainstreet are both completely wrong about this being a "hearsay" phone-call case. Law enforcement routinely relies upon citizens to fight crime. Do you think that reports of gunshots fired come in from police? Do you think that reports of abductions, fights, damages to property or any other crime comes from police? No, it comes from citizens and the police respond. This is the basis for the entire system and why 911 was developed. The police aren't calling 911, citizens are. If someone witnesses a crime or something suspicious, they call the police to investigate. Here, a citizen reported a driver they thought was driving carelessly or erradically and called the police, just as they should. Had this been any other driver, and that driver struck and killed a citizen because the police did not do their job and follow up on it, you'd all be hanging the police out to dry for NOT responsing to a citizen's report.
Kevin Nelson
11:09 am on Tuesday, January 10, 2012
BDOG- 911 was developed to report EMERGENCIES. If driving poorly was an emergency I would be calling 911 about 30-40 times a day on my daily commute to work. Even if the traffic stop was warranted, where is the probable cause to pull Mr. Radosevich out of his vehicle and perfom a field sobriety test? Its very obvious (from what I hear from many of my law enforcement friends) to tell when someone is impared, and the field tests are merely a formality to provide probably cause for a breath test. Officers are trained to spot impaired drivers, this one was not. He relied on a phone call from a citizen ( whom for all we know was a disgruntled neighbor of Mr. Radosevich's, or a friend of officer Moody's driving around trying to play cop). How is it possible for Officer Moody's superior to overrule him on a phone call and let Mr. Radosevich go? It was obvious enough to Chief Richert over the phone but not to the arresting officer? I wish you the best of luck on your travels through North Hudson. Someday you will see what myself, Mainstreet and numerous others mean.
Rick
9:11 pm on Thursday, January 12, 2012
B Dog. Maybe I'll call 911 on you because I think you are speaking unreasonably or maybe you gave me a dirty look at menards which makes me scared and makes me fear for your neighbors safety because I think you are mentally unstable. Then the cops will come to your house for awhile and detain you and maybe they'll have you evaluated by a shrink because some guy call and was scared for himself and your neighbors safety. Do you really believe what your saying? Good grief