Mick Swasko/TribLocal reporter
One of three suits against Naperville and a company that produced a reality show about female police officers in the city — with a tagline “brains, beauty and a badge,” — has settled out of court, Naperville Senior Assistant City Attorney Mark Scarlato said this week.
A suit was filed in late October 2009 by sisters Chelsea Frederick and Ferrara Daum, who alleged their pajama-clad likenesses were aired in an episode of the show “Female Forces” even though they never signed a release. Frederick was arrested for failure to appear for a traffic warrant, according to the complaint. The complaint alleged an officer could have arrested her at her apartment but instead called a female officer with the camera crew in tow for production value.
A federal court judge dismissed the case with prejudice July 22, court records show, with both sides responsible for court fees and costs.
Donald F. Spak, the attorney who represented Frederick and Daum, would not discuss the confidential settlement.
“Good settlements are where both sides are happy or both sides are unhappy,” he said Friday, refusing to categorize this case.
Attorneys from The Greif Company, which produced the show for A&E’s Biography Channel, defended Naperville in the case. Scarlato said the city will not have to pay any part of an undisclosed out of court settlement, as the company agreed to not hold the city responsible for lawsuits filed as a result of the show. Attorneys representing the production company could not be reached for comment.
“The city is quite pleased the parties could come together in a settlement,” Scarlato said, adding city officials believe the officers acted appropriately.
“(The arrest) was valid, nothing was done improperly,” he said. “We are confident that had it gone to trial we would have prevailed.”
The case is one of three lawsuits filed as a result of the city’s participation in “Female Forces,” which chronicled the day-to-day activities of female officers in Naperville’s police department.
Two others still pending include a suit filed June 23 by Matt Coan, who became ill after being pulled over for driving on a suspended license. The complaint, which was filed against Naperville officers Tracy Nance and Julie Lardino along with the city and production companies, alleged Coan did not sign a release for his likeness to be aired, and that Nance and Lardino made disparaging remarks as he vomited.
Another suit was filed against the city, producers and officers in December 2009 by Eran Best, which alleged officers made him submit to a field sobriety test after being pulled over for having an expired license plate sticker. The complaint alleges officers Stacy Malec and Timothy Boogard “made Best perform an unnecessary field sobriety test solely for the benefit of the ‘Female Forces’ camera crew.”
Best also said he never signed a release.
