Communities United, Community Renewal Society, Next Steps, ONE Northside, and the ACLU of Illinois are suing the City of Chicago. Their lawsuit challenges the City’s policies and practices that authorize Chicago police officers to use excessive force, to use unlawful force on black and Latino people, and to use unnecessary force on individuals with disabilities. The lawsuit seeks a permanent injunction requiring the City to modify its policies, training, supervision, and disciplinary systems for its police officers.
This lawsuit was preceded by investigations and attempts to obtain police reform outside of the courtroom. On December 7, 2015, the United States Department of Justice (DOJ) opened an investigation into the Chicago Police Department (CPD) to determine whether the CPD engaged in a “pattern and practice” of unlawful conduct, including the use of excessive or unnecessary force. In January 2017, with one week left in President Obama’s administration, the DOJ issued a 164-page report detailing its findings. Confirming what many residents in Chicago already knew, the DOJ found that the City’s police engaged in a pattern or practice of using unreasonable force, including deadly force. The DOJ’s report included examples of unjustified force being used on individuals in mental health crisis, and the DOJ found CPD was not allocating sufficient resources to properly prepare officers to respond to mental health calls.
The DOJ recommended that the City enter into a consent decree—a court-enforced agreement that would hold the City accountable to making the DOJ’s recommended reforms. The Trump administration, however, refused to negotiate a consent decree.
Mayor Rahm Emanuel promised to work with Illinois Attorney General Lisa Madigan to implement reform, yet no agreement had been reached as of the date the ACLU filed suit. Moreover, no community groups were involved in the Mayor’s negotiations, nor was there any indication that their consent decree would include concerns of individuals with disabilities. By filing this lawsuit, these groups seek to ensure that the communities affected by the police’s use of force have a real role in ensuring that the CPD is reformed.
After our lawsuit was filed, the ACLU and our partner clients reached an agreement with the City and Illinois Attorney General to pause the litigation, in exchange for a role in the process of developing and enforcing a consent decree. The organizations provided input during the drafting, hundreds of comments after a draft decree was released in the late summer of 2018, and written comments and oral testimony on the proposed consent decree to the federal court before and during a two-day hearing in the autumn of that year. While the plaintiffs ultimately supported approval of the consent decree, their comments emphasized many of the ways those reforms did not go far enough, particularly for people with disabilities.
On January 31, 2019, U.S. Judge Robert Dow approved a final consent decree to guide reform in State of Illinois v. City of Chicago, No. 17-cv-6260. The consent decree will become effective upon the appointment of a Monitor, which is expected by March 1, 2019.
Communities United is an organization that uses grassroots community organizing to bring about policy change on a variety of social justice issues. Its mission is to develop local leaders to address immigrants’ rights, affordable housing, public education, healthcare, violence prevention and gang involvement of young people, and workers’ rights. As part of an alliance of community-based organizations, Communities United also advocates to strengthen Chicago Police Department accountability and has organized youth around policing issues.
Community Renewal Society (CRS) is a 135-year-old faith-based organization that works with people and communities to address racism and poverty. CRS organizes its member congregations to work on issues at the local level, including housing and employment. One of CRS’s primary campaigns is police accountability and reform.
Next Steps is an organization dedicated to ensuring that people with lived experiences of homelessness, mental illness, substance use, and/or substance abuse lead the development and implementation of healthcare, housing, and social policies at the state and local levels. It was recently charged with a federal grant to ensure that a network of people with lived experience with mental illness can participate in the policy decisions that impact them.
ONE Northside is an organization that organizes diverse communities in the areas of violence prevention, public education, affordable housing, healthcare and mental health justice, youth empowerment, and economic justice. ONE Northside has specifically offered policy assistance to CPD in an effort to reform its policies and practices.