Case: Chicago Freedom School v. Chicago

1:20-cv-03718 | U.S. District Court for the Northern District of Illinois

Filed Date: June 25, 2020

Closed Date: Aug. 17, 2020

Clearinghouse coding complete

Case Summary

This lawsuit was brought on June 25, 2020 in the U.S. District Court for the Northern District of Illinois. This complaint was filed in response to police conduct amidst the protests that followed the killing of George Floyd in May of 2020. However, unlike most other cases in this collection, the conduct of the police in this case were aimed at the plaintiffs specifically. Plaintiffs were directors of an organization created by Student Nonviolent Coordinating Committee (SNCC) called Chicago Fre…

This lawsuit was brought on June 25, 2020 in the U.S. District Court for the Northern District of Illinois. This complaint was filed in response to police conduct amidst the protests that followed the killing of George Floyd in May of 2020. However, unlike most other cases in this collection, the conduct of the police in this case were aimed at the plaintiffs specifically. Plaintiffs were directors of an organization created by Student Nonviolent Coordinating Committee (SNCC) called Chicago Freedom School and the institution itself. They were represented by attorneys from the People's Law Office and the Community Justice and Civil Rights Clinic at Northwestern Pritzker School of Law. Defendants were the City of Chicago, the Superintendent of Chicago Police, investigators from the Department of Business Affairs and Consumer Protection (BACP) and several Chicago Police Department (CPD) officers.

The complaint alleged that, in an effort to aid protesters, the Chicago Freedom School announced that they would open their facility to people looking to take a break, charge their cell phones, and get refreshments and pizza. Later in the night, investigators from the BACP and a number of CPD officers parked outside the Chicago Freedom School, and began to tell the directors of the organization that they needed to inspect the building because they received reports that the School was housing and feeding people in violation of their business license. Defendants entered the building without a warrant and issued a cease and desist order, claiming that they were "preparing and serving food on the premises" without a proper license.

The complaint alleged violations of the First and Fourth Amendments, as well as several counts regarding violations of Illinois state law including the Illinois state constitution, the Illinois Civil Rights Act of 2003, and intentional infliction of emotional distress. Plaintiffs sought declaratory and injunctive relief in the form of a preliminary injunction, as well as monetary damages.

The case was assigned to the Honorable Thomas M. Durkin and Magistrate Judge Sunil R. Harjani.

While the docket does not say so, the Chicago Freedom School announced on July 3, 2020 that the CPD had rescinded the cease and desist letter. The cease and desist letter was rescinded as part of a larger settlement with the city, though we do not have access to the rest of the terms of that settlement.

On August 17, the plaintiffs voluntarily dismissed the case, and the case is now closed.

Summary Authors

Jack Hibbard (9/30/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17367836/parties/chicago-freedom-school-v-city-of-chicago/


Judge(s)

Durkin, Thomas Michael (Illinois)

Attorneys(s) for Plaintiff

Bedi, Sheila A. (Illinois)

Mogul, Joey L. (Illinois)

Judge(s)

Durkin, Thomas Michael (Illinois)

Attorneys(s) for Plaintiff

Bedi, Sheila A. (Illinois)

Mogul, Joey L. (Illinois)

Documents in the Clearinghouse

Document

1:20-cv-03718

Docket [PACER]

Chicago Freedom School v. City Of Chicago

Aug. 17, 2020

Aug. 17, 2020

Docket
6

1:20-cv-03718

Exhibit 6 to Plaintiffs' Motion for a Preliminary Injunction: Declarations of Plaintiffs Jacqulyn Hamilton & Tony Alvarado Rivera

June 25, 2020

June 25, 2020

Pleading / Motion / Brief
1

1:20-cv-03718

Complaint

June 25, 2020

June 25, 2020

Complaint
5

1:20-cv-03718

Plaintiffs' Motion for a Preliminary Injunction

June 25, 2020

June 25, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17367836/chicago-freedom-school-v-city-of-chicago/

Last updated Aug. 6, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Chicago Freedom School; Jury Demand. Filing fee $ 400, receipt number 0752-17143235.(Mogul, Joey) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

RECAP
2

CIVIL Cover Sheet (Mogul, Joey) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
3

ATTORNEY Appearance for Plaintiffs Tony Alvarado-Rivera, Chicago Freedom School, Jacqulyn Hamilton by Joey L. Mogul (Mogul, Joey) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER

CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (gw, )

June 25, 2020

June 25, 2020

PACER
4

ATTORNEY Appearance for Plaintiffs Tony Alvarado-Rivera, Chicago Freedom School, Jacqulyn Hamilton by Sheila A Bedi (Bedi, Sheila) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
5

MOTION by Plaintiff Chicago Freedom School for preliminary injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 7)(Bedi, Sheila) (Entered: 06/25/2020)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 7

View on PACER

June 25, 2020

June 25, 2020

PACER
6

DECLARATION of Plaintiffs Hamilton & Alvarado Rivera regarding motion for preliminary injunction 5 Exhibit 6 (Bedi, Sheila) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
7

MINUTE entry before the Honorable Thomas M. Durkin:A joint status report is due by 9/3/2020. Instructions for the status report may be found on Judge Durkin's webpage under new and reassigned cases. Mailed notice (srn, ) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
8

ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk10, Docket) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
9

MOTION by Plaintiffs Jacqulyn Hamilton, Tony Alvarado-Rivera, Chicago Freedom School to dismiss Pursuant to Fed. R. Civ. P. 41(a)(1) (Mogul, Joey) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
10

MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's Motion to Dismiss 9 is granted. Case dismissed with prejudice. Civil case terminated. Mailed notice (ewf, ) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Multi-LexSum (in sample)

Key Dates

Filing Date: June 25, 2020

Closing Date: Aug. 17, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Chicago Freedom School and its directors

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Chicago (Chicago), City

Chicago Police Department (Chicago), City

Chicago Business Affairs and Consumer Protection (Chicago), City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Aggressive behavior

Disparate Impact

Search policies

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run