Case: Illinois v. City of Chicago

1:17-cv-06260 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 29, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 29, 2017, the state of Illinois filed this lawsuit against the City of Chicago in the U.S. District Court for the Northern District of Illinois, under 42 U.S.C. § 1983, the Illinois Civil Rights Act of 2003, and the Illinois Human Rights Act. The state brought this action on behalf of the people of Illinois to ensure that the City enacted comprehensive, lasting reform of the Chicago Police Department (CPD), the Independent Police Review Authority (IPRA), and the Chicago Police Board (…

On August 29, 2017, the state of Illinois filed this lawsuit against the City of Chicago in the U.S. District Court for the Northern District of Illinois, under 42 U.S.C. § 1983, the Illinois Civil Rights Act of 2003, and the Illinois Human Rights Act. The state brought this action on behalf of the people of Illinois to ensure that the City enacted comprehensive, lasting reform of the Chicago Police Department (CPD), the Independent Police Review Authority (IPRA), and the Chicago Police Board (Police Board). It sought declaratory and injunctive relief as well as attorneys’ fees and costs. The case was assigned to Judge Robert M. Dow, Jr. and Magistrate Judge Jeffrey T. Gilbert.

The state claimed that, through acts and omissions, the City and its agents maintained policies, customs, or practices of police officers that violated the Fourth Amendment. The complaint alleged that some of these policies, customs, or practices had a disparate impact on African Americans and Latinos in violation of the Illinois Civil Rights Act of 2003 and the Illinois Human Rights Act. It further contended that these policies, customs, or practices were reflected in, and caused by, the City’s failure to effectively train, supervise, and support law enforcement officers, and the City’s failure to establish reliable programs to detect officer misconduct and administer effective discipline.

On August 31, 2017, two days after the lawsuit was filed, the parties filed a joint motion to stay proceedings in order to continue settlement negotiations. The parties stipulated that, if successful, the result of the negotiations would take the form of a consent decree. On September 5, 2017, the court granted the joint motion.

On June 6, 2018, the Fraternal Order of Police Chicago Lodge No. 7 (FOP), Chicago’s police union, filed a motion to intervene in the action. The FOP argued that it had a substantial interest in the subject of the litigation, as the litigation could impair or impede the union’s ability to protect the collective bargaining interests of Chicago police officers. Both the State and the City opposed intervention.

Meanwhile, the parties engaged in extensive settlement negotiations from June through August of 2018 to draft the terms of a consent decree. On July 27, 2018, the State and the City released a draft consent decree for public review, inviting comments prior to submitting a proposed consent decree to the court. The parties received more than 1,700 comments and suggestions. The draft consent decree covered a broad range of topics, including:

  • community policing;
  • impartial policing;
  • crisis intervention;
  • use of force;
  • recruitment;
  • hiring and promotion;
  • training;
  • supervision;
  • officer wellness and support;
  • accountability and transparency;
  • data collection, analysis and management; and
  • implementation, enforcement and monitoring.
The FOP opposed the draft consent decree, worried that certain provisions of the agreement interfered with statutory collective bargaining rights. However, on August 16, 2018, the court denied the FOP's motion to intervene as untimely, because the FOP had waited nearly a year to intervene. The court also noted that intervention would be prejudicial to the existing parties and that FOP’s concerns regarding the litigation’s impact on collective bargaining rights were only speculative. 2018 WL 3920816. The FOP appealed this decision to the Seventh Circuit, which upheld the ruling on January 2, 2019. 912 F.3d 979.

On September 13, 2018, the State and the City reached an agreement on a final consent decree and filed a joint motion for the court's approval. The court set a public fairness hearing for the end of October 2018 and opened a written comment period which elicited dozens of written submissions from the public.

On October 12, 2018, the Department of Justice (DOJ) submitted a statement of interest opposing the proposed consent decree. The DOJ argued that the consent decree would function like an earlier settlement agreement between CPD and the ACLU (November 2015). That agreement was intended to reduce stop-and-frisk abuses, but the DOJ argued that it had instead restrained Chicago police excessively, and had thus contributed to a rise in homicides and other violent crime from 2015 to 2016.

The DOJ cited four main problems with the consent decree:

  1. it went beyond remedying specific violations of federal law cognizable in federal court, and micromanaged police department procedures and policies;
  2. it stripped the superintendent of his duty and ability to administer the CPD;
  3. it turned over long-term budgetary control of the CPD to the federal court and the monitor through vague mandates that there must be sufficient funding and staff to fulfill the consent decree and implement programs; and
  4. it said that the court would retain jurisdiction until the City had fully complied with the consent decree for two consecutive years, but did not give clear guidelines as to what constituted compliance.
The DOJ expressed concern that such consent decrees stripped local government officials of the flexibility required in addressing evolving law enforcement issues and deprived citizens of their ability to control policies through the democratic process. To this end, the DOJ expressed concern that the consent decree would be signed by an outgoing mayor who was not seeking reelection. In this statement of interest, the DOJ further announced that it would send five additional federal prosecutors to Chicago to establish a new Gun Crimes Prosecution Team.

The court held a fairness hearing on the proposed consent decree on October 24 and 25, 2018. After the fairness hearing, the court received and reviewed additional briefing from the parties and from the FOP, addressing the oral and written comments submitted in connection with the fairness hearing.

On January 31, 2019, the court approved and signed the proposed consent decree. 2019 WL 398703. Although the parties made some changes in response to comments from various entities, the consent decree largely covered the same areas of reform as the agreement originally proposed. Under the terms of the consent decree, the City would endeavor to achieve full and effective compliance within five years of the effective date (March 1, 2019). The agreement would terminate once the City had maintained compliance in each area of reform for a designated period of time:

  • One year: recruitment, hiring, and promotions; training; and officer wellness and support;
  • Two years: accountability and transparency; community policing; impartial policing; crisis intervention; use of force; supervision; and data collection, analysis, and management.
On March 1, 2019, the Court appointed Ms. Maggie Hickey to serve as independent monitor. On the same day, the FOP moved to amend the consent decree, arguing that it conflicted with established statutes and ordinances in a number of ways:
  1. Civilian Office of Police Accountability (COPA) was not certified for the required investigations under the Consent Decree even though certification was required by the Police and Community Relations Improvement Act (PCRIA).
  2. There was no distinction between a criminal investigation and an administrative one. COPA was not a law enforcement agency and therefore did not have a right to perform any kind of investigation of officer-involved death cases under the PCRIA.
  3. The Consent Decree violated a state statute requiring that videos recorded by body-worn cameras be retained for no longer than 90 days unless they were flagged for particular reasons stated in the law.
  4. Two municipal ordinances were compromised by the Consent Decree.
The motion asked the court to amend the Consent Decree to bar the use of non-state-certified COPA investigators in the investigation of officer-involved deaths, to prohibit the CPD from reviewing unflagged videos that had been stored for more than ninety days, to bar the use of anonymous complaints in non-criminal matters that did not involve residency allegations or medical roll abuse, and to require the City to reveal to officers the name of complainants prior to investigation of an officer.

On April 1, 2019, the court appointed the Honorable David H. Coar (ret.) to serve as a Special Master, with duties complementary to the independent monitor’s.

On January 7, 2020, the court denied a motion to intervene by the Second Vice President of the FOP. He had argued that despite the court’s earlier ruling against the FOP intervening, Mayor Lori Lightfoot’s election had changed the city’s position in the litigation, and that his motion to intervene was therefore appropriate.

On June 5, 2020, the Monitor informed the court of her intention to publish a special report, “to promote transparency,” regarding the City’s and CPD’s response to protests in the wake of George Floyd’s death in May.

On January 13, 2021, a coalition of attorneys brought together by the MacArthur Justice Center (“The Coalition”) filed a motion to enforce the terms of the consent decree. In its complaint, The Coalition alleged yet another violation of a Black Chicago resident’s rights. The complaint stated that the CPD raided the home of a Black social worker with no criminal record, pointed guns at her, and handcuffed her. The motion stated that the CPD officers involved in the incident were in the wrong place, and it claimed that the CPD had violated the plaintiff’s Fourth Amendment rights as well as the consent decree. The Coalition requested that the Court immediately convene a structured settlement process to remedy these actions.

A hearing is scheduled for April 26, 2021. As of April 19, 2021, the City and the Monitor are submitting regular reports, and the court retains jurisdiction.

Summary Authors

Jake Parker (6/4/2018)

Eva Richardson (10/15/2018)

Averyn Lee (3/10/2019)

Gregory Marsh (7/10/2020)

Anjali Baliga (4/19/2021)

Related Cases

ACLU Settlement with the Chicago Police Department, No Court (2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6144928/parties/state-of-illinois-v-city-of-chicago/


Judge(s)

Dow, Robert Michael Jr. (Illinois)

Kanne, Michael Stephen (Indiana)

Attorneys(s) for Plaintiff

Arenz, Patrick M (Minnesota)

Bass Ehler, Karyn L. (Illinois)

Caplan, Gary Steven (Illinois)

Coar, David H. (Illinois)

Flores, Cynthia Lorena (Illinois)

Grieb, Mary Johanna (Illinois)

Hendrickson, Cara (Illinois)

Jurowicz, Hannah Yeon Mee (Illinois)

Judge(s)

Dow, Robert Michael Jr. (Illinois)

Kanne, Michael Stephen (Indiana)

Attorneys(s) for Plaintiff

Arenz, Patrick M (Minnesota)

Bass Ehler, Karyn L. (Illinois)

Caplan, Gary Steven (Illinois)

Coar, David H. (Illinois)

Flores, Cynthia Lorena (Illinois)

Grieb, Mary Johanna (Illinois)

Hendrickson, Cara (Illinois)

Jurowicz, Hannah Yeon Mee (Illinois)

Lockner, Anna M. (Michigan)

Lueck, Martin R. (Illinois)

Madigan, Lisa (Illinois)

Martin, Matthew J. (Illinois)

Meek, Amy Patricia (Illinois)

Meghjee, Munir (Minnesota)

Pryor, Shareese N (Illinois)

Purdon, Timothy Q. (North Dakota)

Richie, Leigh J. (Illinois)

Roberg−Perez, Sharon Elizabeth (Minnesota)

Steines, Stefanie L (Illinois)

Stratton, Brent Douglas (Illinois)

Thelwell, Mikiko A. (Illinois)

VanDam, Jeff (Illinois)

Verticchio, Thomas J (Illinois)

Weber, Alicia (Illinois)

Wenzloff, Aaron Paul (Illinois)

Attorneys(s) for Defendant

Babbitt, Elizabeth Erin (Illinois)

Coogan, Paul John (Illinois)

D'Alba, Joel Abbott (Illinois)

Decker, Adam William (Illinois)

Dixon, Tyeesha (Illinois)

Jackson, Heather Ann (Illinois)

Schaller, Rachel L. (Illinois)

Slagel, Allan T. (Illinois)

Other Attorney(s)

Fioretto, Pasquale Angelo (Illinois)

Gore, John M. (District of Columbia)

Hagerty, Ryan A (Illinois)

Hickey, Margaret A (Illinois)

Hlavin, Brian C. (Illinois)

Lausch, John R. (Illinois)

Sessions, Jeff (District of Columbia)

Expert/Monitor/Master

Wells, Christopher Graham (Illinois)

Documents in the Clearinghouse

Document

1:17-cv-06260

Docket [PACER]

State Of Illinois v. City Of Chicago

April 12, 2021

April 12, 2021

Docket
1-1

1:17-cv-06260

Exhibit A: "Recommendations for Reform"

Illinois v. Chicago

Aug. 29, 2017

Aug. 29, 2017

Findings Letter/Report
1

1:17-cv-06260

Complaint

Illinois v. Chicago

Aug. 29, 2017

Aug. 29, 2017

Complaint
88

1:17-cv-06260

Memorandum Opinion and Order

Illinois v. Chicago

2018 WL 3920816

Aug. 16, 2018

Aug. 16, 2018

Order/Opinion
107-1

1:17-cv-06260

Consent Decree

Illinois v. Chicago

Sept. 13, 2018

Sept. 13, 2018

Order/Opinion
160

1:17-cv-06260

United States' Statement of Interest Opposing Proposed Consent Decree

Illinois v. Chicago

Oct. 12, 2018

Oct. 12, 2018

Pleading / Motion / Brief
706

0:18-02805

Opinion

U. S. Court of Appeals for the Seventh Circuit

912 F.3d 979

Jan. 2, 2019

Jan. 2, 2019

Order/Opinion
702

1:17-cv-06260

Memorandum Opinion and Order Approving Proposed Consent Decree

Illinois v. Chicago

2019 WL 398703

Jan. 31, 2019

Jan. 31, 2019

Order/Opinion
703

1:17-cv-06260

Consent Decree

Illinois v. Chicago

2018 WL 398703

Jan. 31, 2019

Jan. 31, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6144928/state-of-illinois-v-city-of-chicago/

Last updated June 3, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link

CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (daj, )

Aug. 29, 2017

Aug. 29, 2017

PACER
1

COMPLAINT filed by State Of Illinois; Filing fee $ 400, receipt number 0752-13525122. (Attachments: # (1) Exhibit A-B to the Complaint)(Stratton, Brent)

1 Exhibit A-B to the Complaint

View on PACER

Aug. 29, 2017

Aug. 29, 2017

RECAP
2

CIVIL Cover Sheet (Stratton, Brent)

Aug. 29, 2017

Aug. 29, 2017

PACER
3

ATTORNEY Appearance for Plaintiff State Of Illinois by Brent Douglas Stratton (Stratton, Brent)

Aug. 29, 2017

Aug. 29, 2017

PACER
4

ATTORNEY Appearance for Plaintiff State Of Illinois by Cara A Hendrickson (Hendrickson, Cara)

Aug. 29, 2017

Aug. 29, 2017

PACER
5

ATTORNEY Appearance for Plaintiff State Of Illinois by Karyn L Bass Ehler (Bass Ehler, Karyn)

Aug. 29, 2017

Aug. 29, 2017

PACER
6

ATTORNEY Appearance for Plaintiff State Of Illinois by Gary Steven Caplan (Caplan, Gary)

Aug. 29, 2017

Aug. 29, 2017

PACER
7

ATTORNEY Appearance for Plaintiff State Of Illinois by Matthew Joseph Martin (Martin, Matthew)

Aug. 29, 2017

Aug. 29, 2017

PACER
8

ATTORNEY Appearance for Plaintiff State Of Illinois by Christopher Graham Wells (Wells, Christopher)

Aug. 29, 2017

Aug. 29, 2017

PACER
9

ATTORNEY Appearance for Plaintiff State Of Illinois by Cynthia Lorena Flores (Flores, Cynthia)

Aug. 29, 2017

Aug. 29, 2017

PACER
10

ATTORNEY Appearance for Plaintiff State Of Illinois by Leigh Jourdain Richie (Richie, Leigh)

Aug. 29, 2017

Aug. 29, 2017

PACER
11

ATTORNEY Appearance for Plaintiff State Of Illinois by Shareese Nycole Pryor (Pryor, Shareese)

Aug. 29, 2017

Aug. 29, 2017

PACER
12

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in the attached Notice which includes the MIDP Standing Order. Also attached is a checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (bg, )

Aug. 30, 2017

Aug. 30, 2017

PACER
13

ATTORNEY Appearance for Defendant City Of Chicago by Allan T. Slagel (Slagel, Allan)

Aug. 31, 2017

Aug. 31, 2017

PACER
14

ATTORNEY Appearance for Defendant City Of Chicago by Heather Ann Jackson (Jackson, Heather)

Aug. 31, 2017

Aug. 31, 2017

PACER
15

MOTION by Defendant City Of Chicago to stay JOINT Motion to Stay Proceedings (Slagel, Allan)

Aug. 31, 2017

Aug. 31, 2017

PACER
16

JOINT Motion to Stay Proceedings NOTICE of Motion by Allan T. Slagel for presentment of motion to stay[15] before Honorable Robert M. Dow Jr. on 9/6/2017 at 09:15 AM. (Slagel, Allan)

Aug. 31, 2017

Aug. 31, 2017

PACER
17

MINUTE entry before the Honorable Robert M. Dow, Jr: Initial status hearing is set for 10/12/17 at 9:00 a.m. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the courts action herein. Lead counsel is directed to appear at this status hearing. The parties are requested to file a joint status report at least two days prior to the initial status. For further details see the Court's website available at www.ilnd.uscourts.gov. Mailed notice (cdh, )

Aug. 31, 2017

Aug. 31, 2017

PACER
18

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13538177. (Arenz, Patrick)

Sept. 1, 2017

Sept. 1, 2017

PACER
19

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13539946. Sharon E. Roberg-Perez on behalf of the State of Illinois (Roberg-Perez, Sharon)

Sept. 1, 2017

Sept. 1, 2017

PACER
20

ATTORNEY Appearance for Plaintiff State Of Illinois by Martin R Lueck (Lueck, Martin)

Sept. 5, 2017

Sept. 5, 2017

PACER
21

MINUTE entry before the Honorable Robert M. Dow, Jr: The parties' joint motion to stay proceedings [15] is granted. Based on the parties' representations that they are working toward settlement, the Court will stay all deadlines, including compliance with the Mandatory Initial Disclosures Pilot Project, until further order of the Court. The initial status hearing is reset from 10/12/2017 to 10/25/2017 at 9:30 a.m. The parties are requested to file an updated status report, as proposed in paragraph 9 of their motion, no later than 10/24/2017. Notice of motion date of 9/6/2017 is stricken and no appearances are necessary on that date. Mailed notice (cdh, )

Sept. 5, 2017

Sept. 5, 2017

PACER
22

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13569327. (Purdon, Timothy)

Sept. 12, 2017

Sept. 12, 2017

PACER
23

ORDER: Mr. Patrick M. Arenz, Ms. Sharon E. Roberg-Perez, and Mr. Timonthy Q. Purdon's motions for leave to appear pro hac vice on behalf of the State of Illinois [18], [19], [22], are granted. Signed by the Honorable Robert M. Dow, Jr on 9/12/2017. Mailed notice. (bg, )

Sept. 12, 2017

Sept. 12, 2017

PACER
24

ATTORNEY Appearance for Plaintiff State Of Illinois by Anne M. Lockner (Lockner, Anne)

Sept. 18, 2017

Sept. 18, 2017

PACER
25

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13608894. (Meghjee, Munir)

Sept. 22, 2017

Sept. 22, 2017

PACER
26

ORDER: Munir R. Meghjee's motion for leave to appear pro hac vice on behalf of the State of Illinois [25] is granted. Signed by the Honorable Robert M. Dow, Jr on 9/25/2017. Mailed notice. (bg, )

Sept. 25, 2017

Sept. 25, 2017

PACER
27

MOTION by Defendant City Of Chicago for order Agreed Motion for Entry of a Confidentiality Order (Attachments: # (1) Exhibit A-B)(Jackson, Heather)

1 Exhibit A-B

View on PACER

Sept. 28, 2017

Sept. 28, 2017

PACER
28

NOTICE of Motion by Heather Ann Jackson for presentment of motion for order[27] before Honorable Robert M. Dow Jr. on 10/4/2017 at 09:15 AM. (Jackson, Heather)

Sept. 28, 2017

Sept. 28, 2017

PACER
29

MINUTE entry before the Honorable Robert M. Dow, Jr: Agreed motion for entry of a confidentiality order [27] is granted. Signed order to follow. Notice of motion date of 10/4/17 is stricken and no appearances are necessary on that date. Mailed notice (cdh, )

Oct. 3, 2017

Oct. 3, 2017

RECAP
30

WAIVER OF SERVICE returned executed by State Of Illinois. City Of Chicago waiver sent on 8/29/2017, answer due 10/30/2017. (Hendrickson, Cara)

Oct. 10, 2017

Oct. 10, 2017

PACER
31

AGREED CONFIDENTIALITY ORDER Signed by the Honorable Robert M. Dow, Jr. on 10/18/2017. Mailed notice(cdh, )

Oct. 18, 2017

Oct. 18, 2017

RECAP
32

STATUS Report JOINT STATUS REPORT by City Of Chicago (Slagel, Allan)

Oct. 23, 2017

Oct. 23, 2017

PACER
33

MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 1/9/18 at 9:00 a.m. Status report is due 1/5/18. Settlement conference held of the record. Mailed notice (cdh, )

Oct. 25, 2017

Oct. 25, 2017

PACER
34

WITHDRAWING Matthew Martin and designating Thomas Verticchio and Mikiko Thelwell as additional counsel. as counsel for Plaintiff State Of Illinois and substituting Matthew Joseph Martin as counsel of record (Martin, Matthew)

Dec. 28, 2017

Dec. 28, 2017

PACER
35

ATTORNEY Appearance for Plaintiff State Of Illinois by Mikiko Akemi Thelwell (Thelwell, Mikiko)

Jan. 4, 2018

Jan. 4, 2018

PACER
36

ATTORNEY Appearance for Plaintiff State Of Illinois by Thomas John Verticchio (Verticchio, Thomas)

Jan. 4, 2018

Jan. 4, 2018

PACER
37

NOTICE by Thomas John Verticchio of Change of Address (Verticchio, Thomas)

Jan. 4, 2018

Jan. 4, 2018

PACER
38

STATUS Report SECOND Joint Status Report by City Of Chicago (Slagel, Allan)

Jan. 5, 2018

Jan. 5, 2018

RECAP
39

MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the parties' second joint status report [38], the status hearing set for 1/8/2018 is stricken and reset to 3/7/2018 at 9:30 a.m. In the meantime, the stay [see 21] is continued in place and the parties are directed to file an updated joint status report no later than 3/5/2018. If for any reason the parties wish to advance the status date, they may contact the Courtroom Deputy at any time. Mailed notice. (cdh, )

Jan. 8, 2018

Jan. 8, 2018

PACER
40

ATTORNEY Appearance for Defendant City Of Chicago by Elizabeth Erin Babbitt (Babbitt, Elizabeth)

Jan. 8, 2018

Jan. 8, 2018

PACER
41

MINUTE entry before the Honorable Robert M. Dow, Jr: At the request of the parties, the status hearing set for 3/7/2018 is cancelled and reset to 3/21/2018 at 10:00 a.m. Mailed notice (cdh, )

Feb. 27, 2018

Feb. 27, 2018

PACER
42

MINUTE entry before the Honorable Robert M. Dow, Jr: Parties' joint status report will now be due on 3/19/2018. Mailed notice (cdh, )

Feb. 27, 2018

Feb. 27, 2018

PACER
43

STATUS Report Third Joint Status Report by City Of Chicago (Slagel, Allan)

March 19, 2018

March 19, 2018

PACER
44

ORDER: Status hearing held. Settlement conference set for 4/2/2018 at 10:30 a.m. Parties to submit their position papers to Judge Dow's Proposed Order Box no later than 3/29/2018. Signed by the Honorable Robert M. Dow, Jr on 3/21/2018. Mailed notice. (Received for docketing 3/27/2018) (bg, )

March 21, 2018

March 21, 2018

PACER
45

ATTORNEY Appearance for Defendant City Of Chicago by Rachel L Schaller (Schaller, Rachel)

March 30, 2018

March 30, 2018

PACER
46

MINUTE entry before the Honorable Robert M. Dow, Jr: Settlement conference held and continued to 4/23/2018 at 2:00 p.m. Mailed notice (cdh, )

April 2, 2018

April 2, 2018

PACER
47

MINUTE entry before the Honorable Robert M. Dow, Jr: On the Court's own motion, the settlement conference set for 4/23/2018 at 2:00 p.m. is reset to 4/23/2018 at 1:30 p.m. (Time change only.) Mailed notice (cdh, )

April 5, 2018

April 5, 2018

PACER
48

MINUTE entry before the Honorable Robert M. Dow, Jr: Settlement conference held on 4/23/2018. Mailed notice (cdh, )

April 23, 2018

April 23, 2018

PACER
49

MINUTE entry before the Honorable Robert M. Dow, Jr: Settlement Conference is continued to 5/25/2018 at 10:30 a.m. Mailed notice (cdh, )

May 18, 2018

May 18, 2018

PACER
50

MINUTE entry before the Honorable Robert M. Dow, Jr: Settlement conference held and continued to future dates set out below. This case is set for further status hearing on 6/8/2018 at 9:00 a m., with continued settlement discussion to follow status hearing. Updated joint status report to be filed on the docket by 6/7/2018. Future settlement conferences are set for 6/21/2018 at 2:00 p.m. and 7/6/2018 at 10:30 a.m. Mailed notice (cdh, )

May 25, 2018

May 25, 2018

PACER
51

MOTION by Fraternal Order of Police Chicago Lodge No. 7 to intervene (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Appendix)(D'Alba, Joel) (Docket text modified by Clerk's Office) Modified on 6/7/2018 (bg, ).

1 Exhibit

View on RECAP

2 Exhibit

View on RECAP

3 Appendix

View on RECAP

June 6, 2018

June 6, 2018

RECAP
52

NOTICE of Motion by Joel Abbott D'Alba for presentment of motion to intervene[51] before Honorable Robert M. Dow Jr. on 6/12/2018 at 09:15 AM. (D'Alba, Joel) Modified on 6/7/2018 (bg, ).

June 6, 2018

June 6, 2018

PACER
53

STATUS Report Fourth Joint Status Report by City Of Chicago (Slagel, Allan)

June 7, 2018

June 7, 2018

PACER
54

ATTORNEY Appearance for Intervenor Fraternal Order of Police Chicago Lodge No. 7 by Joel Abbott D'Alba (D'Alba, Joel)

June 7, 2018

June 7, 2018

PACER
55

ATTORNEY Appearance for Intervenor Fraternal Order of Police Chicago Lodge No. 7 by Pasquale Angelo Fioretto (Fioretto, Pasquale)

June 8, 2018

June 8, 2018

PACER
56

ATTORNEY Appearance for Intervenor Fraternal Order of Police Chicago Lodge No. 7 by Brian C. Hlavin (Hlavin, Brian)

June 8, 2018

June 8, 2018

PACER
57

ATTORNEY Appearance for Intervenor Fraternal Order of Police Chicago Lodge No. 7 by Ryan A Hagerty (Hagerty, Ryan)

June 8, 2018

June 8, 2018

PACER
58

MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing and settlement conference held on 6/8/2018. Mailed notice (cdh, )

June 8, 2018

June 8, 2018

PACER
59

MINUTE entry before the Honorable Robert M. Dow, Jr: Motion hearing held on 6/12/2018. Responses to the Fraternal Order of Police Chicago Lodge No. 7's motion to intervene [51] are due 7/10/2018; replies are due 7/24/2018; motion is taken under advisement and the court will issue an expedited ruling by mail. (cdh, )

June 15, 2018

June 15, 2018

RECAP
60

MINUTE entry before the Honorable Robert M. Dow, Jr: Settlement conference held and continued to 7/6/2018 at 10:30 a.m. Mailed notice (cdh, )

June 21, 2018

June 21, 2018

PACER
61

MOTION by Plaintiff State Of Illinois for extension of time | Agreed motion to extend briefing schedule on the motion to intervene (Hendrickson, Cara)

June 28, 2018

June 28, 2018

PACER
62

NOTICE of Motion by Cara A Hendrickson for presentment of extension of time[61] before Honorable Robert M. Dow Jr. on 7/3/2018 at 09:15 AM. (Hendrickson, Cara)

June 28, 2018

June 28, 2018

PACER
63

MINUTE entry before the Honorable Robert M. Dow, Jr: Agreed motion for extension of time [61] is granted. Notice of motion date of 7/3/2018 is stricken and no appearances are necessary on that date. Mailed notice (cdh, )

June 29, 2018

June 29, 2018

PACER
64

MINUTE entry before the Honorable Robert M. Dow, Jr: Settlement conference held and continued to 7/12/2018 at 1:00 p.m. Mailed notice (cdh, )

July 6, 2018

July 6, 2018

PACER
65

MOTION to Hold Proceedings in Abeyance Pending Ruling on Motion to Intervene by Fraternal Order of Police Chicago Lodge No. 7 (D'Alba, Joel) (Docket text modified by Clerk's Office)

July 12, 2018

July 12, 2018

PACER
66

Motion to Hold Proceddings in Abeyance Pending Ruling on Motion to Intervene NOTICE of Motion by Joel Abbott D'Alba for presentment of before Honorable Robert M. Dow Jr. on 7/17/2018 at 09:15 AM. (D'Alba, Joel)

July 12, 2018

July 12, 2018

RECAP
67

MINUTE entry before the Honorable Robert M. Dow, Jr: Settlement conference held and continued to 7/17/2018 at 9:30 a.m. Mailed notice (cdh, )

July 12, 2018

July 12, 2018

RECAP
68

MINUTE entry before the Honorable Robert M. Dow, Jr: Motion hearing held. Motion to hold proceedings in abeyance pending ruling on motion to intervene [65] is taken under advisement; response is due by 7/24/2018; reply is due by 8/7/2018; same schedule was set on motion [51]. Mailed notice (cdh, )

July 17, 2018

July 17, 2018

RECAP
69

MINUTE entry before the Honorable Robert M. Dow, Jr: Settlement conference held and continued to 7/18/2018 at 10:30 a.m. Mailed notice (cdh, )

July 17, 2018

July 17, 2018

RECAP
70

MINUTE entry before the Honorable Robert M. Dow, Jr: Settlement conference held and continued to 7/20/2018 at 9:00 a.m. Mailed notice (cdh, )

July 18, 2018

July 18, 2018

RECAP
71

MINUTE entry before the Honorable Robert M. Dow, Jr: Minute entry [70] is corrected as follow: Settlement conference held. Status hearing is set for 7/20/2018 at 9:00 a.m. Mailed notice (cdh, )

July 19, 2018

July 19, 2018

RECAP
72

MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 7/25/2018 at 11:00 a.m. Settlement conference held and continued to 7/25/2018 at 10:00 a.m. Mailed notice (cdh, )

July 23, 2018

July 23, 2018

PACER
73

RESPONSE by State of Illinois in Opposition to MOTION by Fraternal Order of Police Chicago Lodge No. 7 to Intervene [51] by State Of Illinois (Attachments: # (1) Exhibits A-F)(Caplan, Gary)

1 Exhibits A-F

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July 24, 2018

July 24, 2018

RECAP
74

RESPONSE in Opposition to MOTION by Fraternal Order of Police Chicago Lodge No. 7 to Hold Proceedings in Abeyance Pending Ruling on Motion to Intervene by State Of Illinois (Caplan, Gary)

July 24, 2018

July 24, 2018

PACER
75

MEMORANDUM by City Of Chicago in Opposition to motion to intervene[51], motion for miscellaneous relief[65] The City of Chicago's Opposition to The Fraternal Order of Police Chicago Lodge No. 7's Motions to Intervene and to Hold Proceedings in Abeyance Pending Ruling on the Motion to Intervene (Attachments: # (1) Exhibit Exhibits A - D)(Slagel, Allan)

1 Exhibit Exhibits A - D

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July 24, 2018

July 24, 2018

PACER
76

MINUTE entry before the Honorable Robert M. Dow, Jr: Settlement conference held on 7/25/2018. Settlement Conference set for 8/6/2018 at 11:00 a.m. Mailed notice (cdh, )

July 25, 2018

July 25, 2018

PACER
77

MINUTE entry before the Honorable Robert M. Dow, Jr: Settlement conference held and continued to 8/13/2018 at 11:00 a.m. Mailed notice (cdh, )

Aug. 6, 2018

Aug. 6, 2018

PACER
78

TRANSCRIPT OF PROCEEDINGS held on 7/20/18 before the Honorable Robert M. Dow, Jr. Order Number: 31543. Court Reporter Contact Information: Nancy LaBella, 312-435-6890, NLaBella.ilnd@gmail.com. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/28/2018. Redacted Transcript Deadline set for 9/7/2018. Release of Transcript Restriction set for 11/5/2018. (Labella, Nancy)

Aug. 7, 2018

Aug. 7, 2018

PACER
79

MOTION by Intervenor Fraternal Order of Police Chicago Lodge No. 7 for leave to file Appendix (D'Alba, Joel)

Aug. 7, 2018

Aug. 7, 2018

PACER
80

NOTICE of Motion by Joel Abbott D'Alba for presentment of motion for leave to file[79] before Honorable Robert M. Dow Jr. on 8/14/2018 at 09:15 AM. (D'Alba, Joel)

Aug. 7, 2018

Aug. 7, 2018

PACER
81

REPLY by Intervenor Fraternal Order of Police Chicago Lodge No. 7 (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(D'Alba, Joel)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Aug. 7, 2018

Aug. 7, 2018

PACER
82

ORDER Signed by the Honorable Robert M. Dow, Jr. on 8/8/2018. The Court issues this order to direct counsel for Plaintiff, Defendant, and Proposed Intervenor each to file a supplemental brief no later than 4:00 p.m. on Friday, August 10 addressing (and reconciling, if possible) the issue set out below. Mailed notice(cdh, )

Aug. 8, 2018

Aug. 8, 2018

PACER
83

Amended NOTICE of Motion by Joel Abbott D'Alba for presentment of motion for leave to file[79] before Honorable Robert M. Dow Jr. on 8/14/2018 at 09:15 AM. (D'Alba, Joel)

Aug. 9, 2018

Aug. 9, 2018

PACER
84

MEMORANDUM by City Of Chicago in Opposition to motion to intervene[51] The City of Chicago's Supplemental Brief in Opposition to the Fraternal Order of Police Chicago Lodge No. 7's Motion to Intervene (Slagel, Allan)

Aug. 10, 2018

Aug. 10, 2018

PACER
85

MEMORANDUM order, [82] by State Of Illinois | Plaintiff's Supplemental Brief Regarding Motion to Intervene (Attachments: # (1) Exhibit Exhibit 1)(Caplan, Gary)

1 Exhibit Exhibit 1

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Aug. 10, 2018

Aug. 10, 2018

PACER
86

Supplemental Brief of Fraternal Order of Police Chicago Lodge 7 In Support of its Motion to Intervene by Fraternal Order of Police Chicago Lodge No. 7 (D'Alba, Joel)

Aug. 10, 2018

Aug. 10, 2018

PACER
87

MINUTE entry before the Honorable Robert M. Dow, Jr: Settlement conference held and continued to 8/20/2018 at 1:30 p.m. This case is set for further status hearing on 8/30/2018 at 10:30 a.m. Motion by Intervenor Fraternal Order of Police Lodge No. 7 for leave to file appendix [79] is granted. Notice of motion date of 8/14/2018 is stricken and no appearances are necessary on that date. Mailed notice (cdh, )

Aug. 13, 2018

Aug. 13, 2018

PACER
88

MEMORANDUM OPINION AND ORDER Signed by the Honorable Robert M. Dow, Jr. on 8/16/2018. For the reasons explained below, the FOP's motion [51] is respectfully denied and the FOP's motion to hold proceedings in abeyance pending ruling on motion to intervene [65] is denied as moot. This case remains set for status hearing on August 30, 2018 at 10:30 a.m. Mailed notice(cdh, )

Aug. 16, 2018

Aug. 16, 2018

RECAP
89

NOTICE by Fraternal Order of Police Chicago Lodge No. 7 Notice of Filing (D'Alba, Joel)

Aug. 17, 2018

Aug. 17, 2018

PACER
90

PAYMENT by Fraternal Order of Police Chicago Lodge No. 7 of Filing fee $ 505, receipt number 0752-14840887. (D'Alba, Joel)

Aug. 17, 2018

Aug. 17, 2018

PACER
91

Notice of Appeal by Fraternal Order of Police Chicago Lodge No. 7 (D'Alba, Joel)

Aug. 17, 2018

Aug. 17, 2018

PACER
92

NOTICE of appeal by Fraternal Order of Police Chicago Lodge No. 7 regarding orders [88] Receipt number: y (D'Alba, Joel) Filing fee $ 505, receipt number 0752-14840887 (Docket text modified by Clerk's Office)

Aug. 20, 2018

Aug. 20, 2018

PACER
93

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal [92] (bg, )

Aug. 20, 2018

Aug. 20, 2018

PACER
94

TRANSMITTED to the 7th Circuit the short record on notice of appeal [92]. Notified counsel. (bg, )

Aug. 20, 2018

Aug. 20, 2018

PACER
95

DOCKETING Statement by Fraternal Order of Police Chicago Lodge No. 7 regarding notice of appeal[92] (D'Alba, Joel)

Aug. 20, 2018

Aug. 20, 2018

PACER
96

MINUTE entry before the Honorable Robert M. Dow, Jr:Settlement conference held on 8/20/2018. Mailed notice (cdh, )

Aug. 20, 2018

Aug. 20, 2018

PACER
97

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal[92] ; USCA Case No. 18-2805. (aee, )

Aug. 22, 2018

Aug. 22, 2018

PACER
98

MOTION by Plaintiff State Of IllinoisPlaintiff's Motion to Partially Lift the Stay of these Proceedings (Hendrickson, Cara)

Aug. 29, 2018

Aug. 29, 2018

PACER
99

NOTICE of Motion by Cara A Hendrickson for presentment of motion for miscellaneous relief[98] before Honorable Robert M. Dow Jr. on 8/30/2018 at 10:30 AM. (Hendrickson, Cara)

Aug. 29, 2018

Aug. 29, 2018

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Policing

Key Dates

Filing Date: Aug. 29, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The State of Illinois, on behalf of the people of Illinois.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Chicago, City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Equal Protection

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2018 - None

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Implement complaint/dispute resolution process

Monitor/Master

Monitoring

Other requirements regarding hiring, promotion, retention

Reporting

Training

Issues

General:

Aggressive behavior

Assault/abuse by staff

Disparate Impact

Disparate Treatment

Excessive force

Failure to discipline

Failure to supervise

Failure to train

Grievance Procedures

Inadequate citizen complaint investigations and procedures

Pattern or Practice

Personal injury

Racial profiling

Search policies

Staff (number, training, qualifications, wages)

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic