HUMAN RIGHTS WATCH Shielded from Justice: Police Brutality and Accountability in the United States
Chicago:

Civil Lawsuits
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Between 1992 and 1997, the city reportedly paid more than $29 million to settle 1,657 lawsuits involving excessive force, false arrest, and improper search allegations.105 Earlier published figures showed that between 1991 and 1994, the city paid $16 million in civil settlements relating to police brutality and false arrest cases.106 The city's corporation counsel pointed out to reporters that this amount was not an increase, since between 1984 and 1988, Mayor Washington's administrationpaid $27 million. The corporation counsel did not mention that these amounts could be reduced if police officers refrained from abusive treatment in the first place. Indeed, according to court records examined by an investigative reporter, 230 officers with repeated complaints against them accounted for 46 percent of the $16 million in judgments against the city between 1991 and 1994.107 In 1995, a mayoral candidate called for a new post of inspector general to monitor civil suits against the police after reports were published showing large amounts paid by the city in civil lawsuits alleging police brutality and other misconduct. The city's corporation counsel at the time, Susan Sher, stated in response, "There's no need whatsoever for an inspector general."108 This was not the first time concern about significant civil settlements had been voiced. In 1994, city aldermen balked at authorizing a $500,000 settlement for a man who had suffered brain damage as the result of an alleged police beating, with one suggesting a special council subcommittee to review settlements in more depth.109 The city is self-insured, and the City Council must authorize any settlement over $100,000.

OPS initiates an investigation when a civil suit is filed against an officer. According to an attorney who frequently represents plaintiffs in police abuse civil cases, he allows OPS to attend depositions rather than interviewing his client separately. He states that OPS will not proceed with an investigation under these stipulations, and that the investigation will be closed instead. An OPS representative disputed this, stating that this situation does not present a problem and that investigators would attend a deposition under these conditions.110

According to attorneys who represent alleged victims of police abuse in Chicago, officers are not concerned about these cases because they do not have to pay damages themselves, and their supervisors often do not know about complaints involving their own officers. Advocates believe that an OPS investigation that leads to a not-sustained conclusion should be reopened if the city agrees, or is ordered, to pay the client.

Other attorneys claim that alleged victims are not advised by OPS that their statements could be used against them in criminal trials. Nonetheless, during the lastfew years some attorneys have begun encouraging complainants to file their complaints with the OPS to put the incident on record.



105 Martin, "Daley backs officers ...," Chicago Tribune. This figure does not appear to include judgments against officers after civil trials. Despite several letters and a half-dozen phone calls over a ten-month period, the corporation counsel failed to provide current figures on police misconduct civil lawsuits to Human Rights Watch.

106 John Kass, "Watchdog proposed for police," Chicago Tribune, January 10, 1995.

107 Deborah Nelson, "Cops' free rein costs city millions," Chicago Sun-Times, January 8, 1995.

108 Kass, "Watchdog proposed...," Chicago Tribune.

109 Robert Davis, "City may look closer at suit settlements," Chicago Tribune, February 8, 1994.

110 Telephone interview with Carmen Cristia, OPS, October 22, 1997.

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© June 1998
Human Rights Watch