Page 17 - October Newsletter

The basics on consent decrees Posted Oct. 5, 2017
Government, whether it’s federal, state or local – or in this context, state – seems to wield consent decree like an ax, chopping away at their rights and ability to effectively police.
Lodge 7 members saw “consent decree” come up in the Department of Justice report following its investigation of the Chicago Po- lice Department in January 2017. And they are hearing about it again after Illinois At- torney General Lisa Madigan filed a lawsuit against the City charging that police chang- es that have been made “are insufficient to eliminate the decades-long policy, custom or practice of unlawful conduct and to en- sure it will not recur.”
It’s easy, and reasonable, to experience that nails-on-a-blackboard sensation or feel that step-on-a-nail pain when “consent de- cree” finds
its way into
headlines.
Lodge 7
attorneys
remind
that a con-
sent decree
is a settle-
ment usu-
ally con-
tained in a
court order
ortiedtoa
motion for
summary judgment to settle a lawsuit. Of- tentimes, the parties involved will enter into a consent decree that requires both sides to take specific actions; to engage, or not en- gage, in certain conduct with specific stipu- lations.
The threat of consent decrees as applied to police departments grew legs – among other body parts – with the Obama admin- istration. But the practice has been flawed and, accordingly, decrees were implement- ed inconsistently and with little evidence of success. In some cities, like Baltimore, con- sent decrees have been devastating, leading to a marked increase in violent crime.
Under the Obama administration, the DOJ would have filed a lawsuit in federal court moving for a consent decree in Chicago that called for action to correct or improve De- partment policy and practice. When Donald Trump was elected and Attorney General Jeff Sessions took over the DOJ, he came in with a policy dictating that federal government had no business mixing into municipal mat- ters.
Looking back, it appears that perhaps fighting the DOJ’s investigation of the police department back in 2015 might have been a better strategy than cooperating with it, par-
ticularly with President Trump’s unexpected win. But that, as they say, is water under the bridge.
A consent decree usually comes with a monitor, a third-party person inserted to track benchmarks that confirm achieving the objective of the decree.
Along with Chicago, Baltimore and Cleve- land, DOJ targeted Seattle and implemented a consent decree this year. It led to book- ing time increasing three-fold by requiring lengthy, obtrusive officer questionnaires that delved far beyond the probable cause necessary for the arrest. (Sound familiar?) As the booking time tripled, arresting officers were not available to patrol the street, leav- ing the area more vulnerable to crime.
Another dangerous side effect of the con- sent decree is related to officer safety. After the Washington, D.C. Metropolitan Police Department entered in a decree this past spring, the DOJ started tracking the drawing of a weapon as a “use of force,” even if the weapon was not used. The officers tracked
in this re- gard saw these sta- tistics used in a neg- ative light when pro- motions or special unit trans- fers were under con- sideration. Additional- ly, officers
who were trained to ready a baton, Taser, OC spray or firearm as a precautionary mea- sure started to second-guess this tactic. Not a good idea in an era when assaults on law enforcement have risen at an alarming rate nationally.
Attorney General Sessions pinpointed the crux of the consent decree matter, saying: “These lawsuits undermine the respect for police officers and create an impression that the entire department is not doing its work consistent with fidelity to law and fairness, and we need to be careful before we do that.”
What’s more, if systemic corruption or abuse of power was alleged in any of these police agencies, why didn’t the FBI conduct a criminal investigation? Many believe that consent decrees have become political state- ments on law enforcement policy that have robbed residents in high-crime areas of the proactive policing they deserve and paid for with their hard-earned tax dollars.
Madigan’s lawsuit is similar to what would have happened if the DOJ had gone into federal court, and alleges violations of section 1983 of the Civil Rights Act, which guards against the “deprivation of any rights, privileges, or immunities secured by the
CONTINUED ON PAGE 18
Keep an eye on...
Click on these stories from The Watch blog worth a closer look
Making of a monstrosity?
Posted Oct. 8, 2017
The Netflix documentary Making a Murderer that claims Steven Avery is innocent of the 2005 murder of pho- tographer Teresa Halbach seems, at first glance, to have little connection to Chicago. But recent developments in Avery’s bid to get out of prison for the murder strikes some familiar and chill- ing chords in Chicago.
Avery’s case, and the documentary about it, points to a condition that has existed in Chicago for decades, the fact that criminal cases are now played out in two often competing venues – the media and the courts.
Read more:
fop7blog.org/news/2017/10/8/mak- ing-of-a-monstrosity
New FOP lawyer scores quick victory
Posted Oct. 3, 2017
Just a few months after being ap- proved by the Fraternal Order of Police, attorney Jim Thompson scored a big le- gal victory.
According to the Sun-Times, Superin- tendent Eddie Johnson dropped a case against a FOP member who is currently on disability and is being represented by attorney Jim Thompson of Gottreich, Grace and Thompson.
Read more:
fop7blog.org/news/2017/10/3/new- fop-lawyer-scores-quick-victory
FOP to Sun-Times: cease and desist
Posted Sept. 12, 2017
The FOP has become aware that re- porters from the Sun-Times have been approaching department members at their homes. The FOP sent a letter to the newspaper demanding that it ceases this practice. If any reporters attempt to make contact with any FOP members at their homes, please immediately con- tact Lodge 7 and notify the department. Members are supposed to steer all me- dia inquiries to the department. Tell re- porters to leave your property and call 9-1-1 if they refuse.
Read more:
fop7blog.org/news/2017/9/12/fop-to- sun-times-cease-and-desist d
CHICAGO LODGE 7 ■ OCTOBER 2017 17
o