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the Seventh Circuit is clear – in a Section 1983 case, a state is not a person as that term is defined under the statute and therefore does not have standing to be a plaintiff.
The judge set a briefing schedule for the parties to follow in addressing the matters raised by the Lodge. The motion to in- tervene will be fully briefed by Aug. 7, and the judge indicated that he will rule on the motion as expeditiously as possible – re- alizing the importance of the arguments raised by the Lodge. If the judge grants the Lodge leave to intervene, he will then ad- dress the motion to dismiss. Until then, the rank and file need to have a collective voice in opposing the consent decree.
From my perspective, one thing Police Officers and their families, friends and supporters can do is actually submit writ- ten comments to the office of the attorney general. First and foremost, the “stakeholders” include the Police Officers. De- spite the attorney general’s repeated public comments that Po- lice Officers have been involved in the process, the fact remains that both the City and the attorney general’s office refused to al- low the Lodge an opportunity to review the draft of the consent decree and have a seat at the table – despite repeated requests. It now is imperative that our positions be formally noted.
All are welcome to comment on the consent decree by Aug. 17. The Lodge encourages the true stakeholders – those tasked with the authority to enforce the laws – to share any objections to the consent decree. To do so, visit the attorney general’s web- site at policereform@atg.il.us; call 1-833-243-1498; mail com- ments to Illinois Attorney General, c/o Civil Rights Bureau, 100 W. Randolph St., 12th Floor, Chicago, IL, 60601; or fax 312-814- 3212. You are also encouraged to keep copies of anything you send. d
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