Case Law & Resources: Illinois
Citation
Issue Presented & Facts
Case No. 17-cv-6260 (Consent Decree)
Whether the Chicago Police Department violated the Constitution and various State and City statutes in its use of force.
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Former Illinois Attorney General Lisa Madigan filed a complaint against the City pursuant to 42 U.S.C. § 1983; the U.S. Constitution; the Illinois Constitution; the Illinois Civil Rights Act of 2003, 740 ILCS 23/5; and the Illinois Human Rights Act, 775 ILCS 5/5-102(C) (the "Complaint"). The Complaint alleged that the Chicago Police Department ("CPD") violates the Constitution, and state and federal laws, by engaging in a pattern of using excessive force, including deadly force, in a manner that disproportionately harms Chicago’s African American and Latino residents. The Complaint sought to address allegations that CPD engages in a pattern and practice of civil rights violations and unconstitutional policing and address recommendations and conclusions set forth by the U.S. The State of Illinois and City of Chicago entered into this Agreement to ensure that the City and CPD deliver services in a manner that fully complied with the Constitution and laws of the United States.
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See generally Section IV. A. (Crisis Intervention).
Holding
This was a consent decree, essentially an agreement, between the two parties to settle. As a result, there was no "holding", per se. Two relevant elements of the Decree are (i) "CPD officers assigned to work in CPS schools will receive specialized initial and annual refresher training that is adequate in quality, quantity, scope, and type, and that addresses subjects including, but not limited to: […] the use of de-escalation techniques, use of restorative approaches, and available community resources and alternative response options[.]" Section II. D (41); (ii) "CPD will allow officers sufficient time and resources to use appropriate crisis intervention techniques, including de-escalation techniques, to respond to and resolve incidents involving individuals in crisis." Section IV. A (86).
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Reference to 42 U.S.C. § 1983; the U.S. Constitution; the Illinois Constitution; the Illinois Civil Rights Act of 2003, 740 ILCS 23/5; and the Illinois Human Rights Act, 775 ILCS 5/5-102(C).
Case Law
Resources
Citation
Summary and Notes
This article was written in response to a new CPD policy that went into effect on January 1, 2015 requiring use of body cameras by CPD officers.
Relevant Excerpt
“What the data tells us so far is that everybody behaves better when a camera is present. The cameras presence has a de-escalation effect." In Mesa, Ariz., and London [the] use of body cameras reduces officer use of force 30-70 percent, officer complaints by 70-90 percent, and injuries by 50 percent."