Filed Date: Aug. 1, 2017
Case Ongoing
Clearinghouse coding complete
This is a case about Chicago’s distracted driver statute and its denial to alleged violators of their day in court. On August 1, 2017, Chicago residents filed this class action lawsuit in Illinois state trial court. The plaintiffs sued the city of Chicago under Illinois state law. Represented by private counsel, the plaintiffs sought declaratory and injunctive relief.
The city of Chicago’s distracted driver ordinance punished distracted drivers by reserving the right to revoke the violator’s license. The state required that if license suspension was a possible result, a city must allow an alleged violator to have their day in court in order to dispute the chargers. The plaintiffs argued that the city rerouted these violations from state traffic court to the city’s private “administrative” justice system where a driver’s guilt was determined by an unelected administrative law officer. These hearings did not adhere to the rules of evidence, as the plaintiffs were not allowed to cross-examine the officer who issued the ticket. The officer was often the only complaining witness.
The plaintiffs argued a claim of unjust enrichment as the city had collected fines that were illegally obtained from adjudications that were not within the jurisdiction of the court that heard them.
In their complaint, the plaintiffs defined their class as “all individuals who, from the period of January 1, 2010 to the present day, were found liable for a violation of § 9-76-230 of the Municipal Code of the City of Chicago Department of Administrative Hearings.”
The case was assigned to Judge Pamela McClean Meyerson.
On December 7, 2017, the plaintiffs filed an amended complaint.
On February 1, 2018, the defendant filed a motion to dismiss.
As of February 1, 2024, this case was ongoing.
Summary Authors
Rhea Sharma (4/8/2024)
Last updated Aug. 30, 2023, 1:30 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Illinois
Case Type(s):
Key Dates
Filing Date: Aug. 1, 2017
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
All individuals who, from the period of January 1, 2010 to the present day, were found liable for a violation of § 9-76-230 of the Municipal Code of the City of Chicago Department of Administrative Hearings.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.: