CR Files Shielded?
We aren't seeing much coverage of this, but it seems important:
- In a recent court opinion, issued by United States District Court Magistrate Judge Arlander Keys in Bell v. City of Chicago, Chicago Police Department CR files were deemed protected from public disclosure. Judge Keys explained "the newly-amended FOIA expressly exempts from disclosure records relating to disciplinary adjudications." Section 7(1)(n) of the 2010 FOIA per se exempts from disclosure:
Records relating to a public body's adjudication of employee grievances or disciplinary cases; however, this exemption shall not extend to the final outcome of cases in which discipline is imposed.
If we're reading this correctly, cases in which discipline was not imposed are not subject to FOIA requests. The last paragraph in this decision says that there is a hearing on 12 March 2010 to establish the Protective Order for officers' disciplinary records. We're thinking that this could have a tremendous effect on those 500-plus officers who were part of that fishing expedition where they had large numbers of unsustained numbers on their records and assorted bottom-feeders who were looking for payouts.
The WrongfulConvictionsLawsuitDefense website appears to list a number of successful defenses of police officers from frivolous lawsuits and outrageous claims of criminal defendants. It makes for some interesting reading.
The WrongfulConvictionsLawsuitDefense website appears to list a number of successful defenses of police officers from frivolous lawsuits and outrageous claims of criminal defendants. It makes for some interesting reading.
Labels: good news
posted by SCC at 12:05 AM
56 Comments:
off topic rumour that ragnar will replace ike caruthers as head of police committe.
Thanks, SCC. In a sea of increasingly depressing news, this is a real bright spot. We still have a couple of rights. Not many, but a couple.
Yep, according to the opinion based on the new FOIA, at the very least, only sustained CRs would be open to public disclosure (and it may be more restrictive than that, depending on the definition of discipline). Big win for CPD officers, especially in light of recent cases going the other way, prior to the new Freedom of Information Act.
Off Topic: Reading about the drive-by in Schaumburg. I started wondering, what did the city (Chicago) offer the suburbs that took in people that use to live in the projects? Money? Promises to take them back? Money and Promises? Does anyone know?
Whatever the argument, COZZI deserves to be free.
O.T.
Jackson police officer James Bonneau, a 26-year-old native of Canton, was fatally shot responding to a domestic dispute early Tuesday, March 9, 2010.
Offender Shot dead.
God Bless the Bonneau family
OT...But Isn't it funny to see these big smart brass types walk around and look so important? My partner and I are making a normally annoying situation kinda fun. When we see them we just laugh at them and watch them type on their blackberrys looking so busy and serious. It's a blast! As painfull as it may be, just check them out sometime and get a good laugh. They really are kinda funny trying to be so important when we all know that they would be working at 7-11 if it weren't for political clout. Gotta love these goofs!
"If you forfeit a game, you win the game."
WTF?
IPRA, I am not refusing to cooporate. I am following the oath I took a long time ago, did you here about it? I swore NOT to divulge any information unless It was to prosecute an offender. NOT, including me, ever hear of the 5th amendmet or for that matter the bill of rights?
No ex partee conversations!
Is your house and your bosses house paid for?
Do you change the oil on your car regularly?
Did you plan on getting a job after this one?
Would you like to share a room with a strange person?
I would rather have several million swiss francs than a pity pension anyway.
NEXT QUESTION?
FOID is for Government information, not ours which they MAKE UP at taxpayers expense as the go along! CR#? Sorbournation of purjury more likely.
Wait? That could be used as evidence against IPRA?
Never mind?
Cr files should be shielded. You can't use a criminals past in trial cases.
He is just a District Court Judge. His opinion is binding on no one other than the plaintiff and defendant standing before him.
By the time the list of 500 is released. They'll all be retired.
The city gave them nothing but headaches and crime, all brought to you by section 8 housing.....
Term limits for the politicians would reduce the amount of influence that these reverunds and organizations have over the elected officials. They do the bidding of these groups now, to gain their votes to keep getting re-elected. Seperation of church and state my ass. Wake up people! Vote out all incumbents!!!! Hoorah
Off Topic, but Important..
Since OPRAH! was able to put her show on Michigan Ave., maybe we can get St. Jude back there so the public can see it this year.
She's leaving town and we're not, or are we.
OT - Public Communications.
Really like the crime bullitins the community recieves. 3-6 weeks AFTER an event? Jodie, this is another example of HQ control. 3 weeks after an event, the area/district sends info to the comunity??? Anybody sign up for Nixle, the latest community info tool. The tools at HQ are using to self promote! Really like getting an urgent text to announce promotions... Funny, didnt get one for Lopez.. What is even funnier(sad) is they come out within minutes of the promotion. Just wish you could get the safety bolo's out quicker. Dont forget job 1.
and what about the officers that were on the behaviorial program because of those " cr numbers '? and found innocent, but subjected to the violation of civil rights. where was the fop on that? we have called to see about justice on getting some kind of lawsuit and the fop says sorry they can't do anything. the fop is full of it because the officers never signed off on the acceptance of the agreement letter sent out by syd davis. some fop representaive we got. i smell bribe.
Time for your daily affirmation, Jody Boy. Look in the mirror and repeat after me...
I'm gonna be a good superintendent today...because I'm good enough, I'm smart enough and doggone it, people like me.
In your situation, you've got every right to feel paranoid. Otherwise, take your fuckin' meds, you bipolar, delusional psychopathic piece of shit.
Oh, one other thing...
GO FUCK YOURSELF!
Now I'm just a caveman and your crazy Complaint Register Process frightens and confuses me...however, it seems to me that cases where no discipline was imposed are completely exempt and only the final outcome of cases where discipline was imposed is not exempt. That means that if a CR is sustained, only the outcome of the case is made available. Does that mean only the finding? Or the finding along with the penalty? And I am taking that to mean that the details of the case are completely exempt no matter if discipline was imposed or not.
The 624 should be filing lawsuits like crazy
A victory for Cooter!!
Why the fuck didn't I take the blue pill! If I knew this 25 years ago I would have told them to shove that red pill up their ass! Let me out!
I miss Cooter....Where the hell did he go?
take a look at the most recent chicago reader. daley is on the cover in an oil painting dressed like a british royal and the caption says "now is the time for a revolution." a must see.
ot- ...if Luis Gutierez runs sadly I will have to vote for him for mayor. Because .....anybody but daley for mayor 2011!!!!!
Thats just the way it must be folks.
Sun-Times columnist Richard Roeper to partner with Roe Conn on WLS
Goodbye Roe!
off topic rumour that ragnar will replace ike caruthers as head of police committe.
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You heard wrong. Rottner of Area three will replace Carotthers as head of the police committee. he will do so as a civilian, and continue to draw a salary past age 63.
according to policeone.com a police officer(peace officer) is killed in the line of duty every other day since january 1st. this is no joke. ladies/gentleman protect yourself and your partner(s) and wait for back up. fuck the people calling. your life is more important than racing to a call for nothing or a short court date in crook county
OFF TOPIC:
This country, city, and state are going right down the toilet.
Everyday it is more nonsense and bullshit to deal with.
Example:
Quinn is threatening to lay-off State Troopers to balance the state budget.
At the same time "the city" and Daley are touting a new program that will cost millions of dollars to "provide green jobs for ex-convicts" Give me a f'cking break! How about giving those jobs to furloughed troopers?
What has the criminal ever done that's worthy of such generosity?
Another example:
CPD and ISP have outdated and shitty equipment that we use daily. But Arne Duncan just outfitted investigators with the US Department of education here in Chicago with new "combat" style Remington 870 shotguns. The US Department of education..W-T-F?
Arne Duncans' office stated their investigators occasionally execute search warrants while doing fraud investigations. When asked the last time one of their investigators fired their weapons in the line of duty..NEVER in the agencies history was the answer!
Do they go in "heavy" when looking for all those missing "Latte machines"?
Details are on ABC 7 website.
This place is a frigging joke!
FREE COZZI!
"If you forfeit a game, you win the game."
WTF?
3/11/2010 05:02:00 AM
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Yeah, it would be funny except - that's our mayor.
And today, he was stuttering and sputtering nonstop while he told the press what a great thing it was to have tasers in every squad car.
My question here is.......What about the CR's that are lodged against members, that are FALSE???? It is implemented in CPD that if you make a false statement against an Officer you are subject to punishment.......... Has ANYONE seen any punishment come down on anyone that has proven to have lied to IAD and lodged a complaint against an Officer????
Call me crazy, but is this another "paper tiger"??????
I think so.....When are they going to go after civilians that are making these CR's against Officers just to put the Officers through hell???
Anyone hear about layoffs at Illinois State Police?
Remeber to shred your census. F*ck King Shortshanks.
ot- it's getting warmer out there J-Chump. Are you shitting your pants yet? If not you will. This is going to be one murderous summer and you will get your ass handed to you soon by the short guy. Just sayin.
The 624 should be filing lawsuits like crazy...
I believe the correct number is 662 and believe me, we tried, unfortunately thus far it seems like the City has all the lawyers in their pocket because no one seems to want to touch the case. I made calls, had consultations when I was first placed in the "program" and could not find anyone who would represent us. I've since lost passion to look any further, the same passion that I used to have in doing my job before this Dept. robbed me of it. It's sad though because on the surface it looks like a good case and at the very least an ad tool for some young firm looking for some free publicity. More importantly if it wasn't a case worth looking at why would the FOP send the affected members Settlement Agreement packets out and told them they must sign it. If you don't believe me have a look for yourself. This is our union boys, paid with our money, who sold a good portion of us down the river. Read the agreement and the letter from Personnel basically admitting guilt.
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Restaurant Owners Charged In Check-kiting Scheme
March 11, 2010 10:18 PM
The Blackie's operators are accused of writing bad checks from their accounts at Broadway to other banks as part of their alleged scheme. Longtime Blackie's operator Nick Giannis gave Giannoulias more than $114,000 in campaign contributions for his treasurer and Senate campaigns.
((((((((((((((((((((((((( * )))))))))))))))))))))))))
WTF? Is Alexi Giannoulias the bagman for the Greek Mafia, or what?
By the time the election comes up and the Giannoulias family owned Broadway Bank has gone into federal receivership, the Democrats may be demanding Alexis' withdrawal ala Scott Lee Cohen!
So would that put David Hoffman back in the Senate picture?
Great post SCC but O.T. I am concerned about those officers not registered to vote. Can you please post this link so that officers can just fill it out and mail it in so we can all vote in Feb 2011? Its very important that we exercise the rights our brothers, sisters, parents and grandparents and so on fought to preserve. Here is the link: http://www.elections.state.il.us/Downloads/VotingInformation/PDF/R-19.pdf
IF RICHARD ROEPER IS ON WITH CON i'M DONE LISTENING TO HIM- rr IS A LIBERAL FUCK
"ot- ...if Luis Gutierez runs sadly I will have to vote for him for mayor. Because .....anybody but daley for mayor 2011!!!!!
Thats just the way it must be folks.
3/11/2010 04:43:00 PM"
And if there's more than one candidate challenging the mumbler, or, remote as the possibility seems, a Republican candidate, then what will you do?
Anonymous said...
Cr files should be shielded. You can't use a criminals past in trial cases.
3/11/2010 07:27:00 AM
They can fire the entire police department one by one and still think the poooooooooooooolice be the criminal hmmmm hmmmmm wazzzzzzzzzzaaaaap.
TO 3/11/10 at 10:01 pm. Exactly brother. Once again we have a documented report on the settlement agreement packet. And how smug was the management when we were in the program. Then how smug the FOP was after management apologized and then FOP...courtesy of the PAID MEMBERS, Syd Davis wanting everyone of the " program " officers to SIGN off on the SETTLEMENT AGREEMENT LETTER. I told him no and many others told him, NO. So how the hell could Syd get this passed through FOP without a bribe. Something is amiss. WTF? Syd Davis, many officers are pissed off. How can you sleep at night? Syd Davis how can you not do your job. I urge everyone involved to contact another representative from FOP to help because Syd ain't doing his job. Something is wrong, terribly wrong out here in policeland when we get screwed over this bad after WE NEVER DID ANYTHING WRONG IN THE FIRST PLACE. HEY SYD HOW THE HELL WOULD YOU LIKE BLOOD DRAWN FROM YOUR ARM AND STRIP NAKED IN A COLD ROOM BECAUSE THE MANAGEMENT SAYS YOU HAVE TOO AND THEN FIND OUT IT WAS ALL A BIG MISTAKE. IN FACT MAYBE THIS WAS A RACIAL THING TO BOOT. HOW MANY OFFICERS WERE WHITE? HOW MANY WERE BLACK? FINE MESS YOU GOT US INTO SYD. IT AIN'T OVER SYD. I WON'T STOOP TO CALLING NAMES SYD BUT IF YOU CAN READ MY MIND RIGHT NOW IT AIN'T NICE THINGS THAT ARE GOING THROUGH MY MIND NOW. AND FATHER NAGLE AND RABBI WHATS YOUR NAME THANKS FOR STICKING UP FOR US. THAT FOP LETTER ALSO HAS ABSOLUTELY NOTHING ON THE RESOLUTION OF THE BEHAVIORIAL PROGRAM EITHER. SOMEBODY IS ON THE TAKE. IT AIN'T OVER SYD.
You heard wrong. Rottner of Area three will replace Carotthers as head of the police committee. he will do so as a civilian, and continue to draw a salary past age 63.
Rottner? Oh, you mean that guy in Area 3 (formerly of 024) that had his main residence outside the city limits (Lincolnwood or Skokie)for at least the last 20 years?
Rottner? Oh, that guy who went and had his mom and dad legally adopt his kids so THEY could go to nice, expensive, SAFE schools in the suburbs?
Rottner? Oh, that guy who spent years as Community Policing Sgt and when he was destined for his promotion to Lt, suddenly was showing up on the daily sheets as a sector Sgt, who nobody EVER saw just so he could get some street time under his belt?
Rottner? Oh, that guy who as Commander of 024 (and still carries on the practice as Area Deputy in Area 3)was more concerned that the rank and file put in their full 8 hours that he would stand by the back door in 024 and as the P.O.'s would come in for check off stare at his wrist watch? Then within days the rank and file would be told at role call that until further notice, no one can come in until :15 after the hour? This coming from the same guy who, if you put all the days HE worked his full shift, it wouldn't even cover 1 period?
Yep! That's him.
Anonymous said...
off topic rumour that ragnar will replace ike caruthers as head of police committe.
3/11/2010 12:30:00 AM
Ragnar? Isn't that the thing that almost killed Gandalf in Moria?
I believe the correct number is 662 and believe me, we tried, unfortunately thus far it seems like the City has all the lawyers in their pocket because no one seems to want to touch the case. I made calls, had consultations when I was first placed in the "program" and could not find anyone who would represent us.
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You have no monetary damages. What could you possibly sue for? Pain and suffering, mental damages? Good luck.
You got paid the whole time you were in the program. That's why no one wants your case.
JPUD and DD want every officer IDed in CRs even if they are unfounded. I checked my record and there were like 5 numbers against me and I wasn't even served. I asked the sgt down at HQ and he said there has been a push to identify all officers even if the allegation is baseless per orders of DD. So one day some defense counsel will be able to get those files, its only a matter of time. I hope I dont get put in behavior training because I have too many CRs even though I have no idea because I was never given an opportunity to defend myself, this doesn't seem fair?
I believe the correct number is 662 and believe me, we tried, unfortunately thus far it seems like the City has all the lawyers in their pocket because no one seems to want to touch the case. 3/11/2010 10:01:00 PM
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Uhhh, I believe part of the agreement you posted bars any further recovery. Read it carefully.
Called FOP this morning. What a bunch of ignorant people working there. I explained about the SCC website stating that a lot of officers were still demanding a little more to be done about the behaviorial program officers and asked to talk to Syd Davis. ( Syd was not around to talk ) When asking for someone else to talk to like Greg Bella, I was put on hold. I was on hold for ten minutes and called back. I explained again to the calltaker and again I was put on hold. WTF? All I want to do is find out the truth on what is going on with that settlement letter that was not signed by all the officers. If it wasn't signed, this case is still pending. SCC can you help any? Any advice. I have been a due paying member for a while and have caused no problems to the FOP that would evoke a targeted response such as this run around from the FOP like I got this morning. Any one else call? This is ridiculous. I am not a litle kid, for pete's sake. As of this writing I still have not got an answer from FOP one way or the other. FOP is hiding something. Why else no response. And in the FOP newsletter that is sent out has nothing about the current Behaviorial program fiasco. Nothing. It is like the FOP forgot that we do pay dues and work for a living.
Uhhh, I believe part of the agreement you posted bars any further recovery. Read it carefully.
Uhhh, yeah, if you were actually foolish enough to sign it.
I checked my record and there were like 5 numbers against me and I wasn't even served.
How do you do that?
checked my record and there were like 5 numbers against me and I wasn't even served.
How do you do that?
Hey, two year wonder, it's called giving IAD a call and making an appointment to go view your Disciplinary History. Per contract they are required to show you all complaints against you for the last five years (seven years for not sustained excessive force complaints).
Did Trahanas catch a bad domestic CR?
You have no monetary damages. What could you possibly sue for? Pain and suffering, mental damages? Good luck.
You got paid the whole time you were in the program. That's why no one wants your case.
3/12/2010 09:21:00 AM
The shit I and so many others were put through was so bad it should not have been swept under the carpet like the FOP did claiming that they didnt want to hurt contract talks. I was subjected to an unnessacary physical exam (hearing, eye, physical), mental exam, (2) count 'em (2)piss tests in a row an hour apart, and being told by personnel department that "I" was the problem and that if "I" didnt change my ways that "I" would be fired! Try working even the bare minimum with that on your mind! Commanders sgts and Lts threw me under the bus. Cant get on any unit even after applying (guess no overtime for me) like narcotics or fugitive app. Got split up from the partner I trusted my life with. Had to worry about my fucking name being posted all over the news, internet and paper, almost got divorced because my whole persona changed, my arrest totals dropped so no more court........and the list goes on and on. All for what? because I was the Police and did MY JOB!? So for you to say the reason why no lawyer would take the case is because " I still got paid???!!" is a bunch of BULLSHIT. No lawyer will take the case because they do not want to bite the hand that feeds them! This city pays out MILLIONS UPON MILLIONS to lawyers in this city, example: Lovey and Lovey, so why would any lawyer in his right mind take our case and pretty much paint a target on his back? What we need is a firm outside the city of chicago to take the case, one that has nooo ties to this city whatsoever. The FOP fucked up, Sid Davis fucked up and the City knew they fucked up hence the letters and the whole thing goes bye bye like it never happened. I never signed that letter from the FOP stating I HAD TOO and I never will. and no my name isnt Cooter!for the idiots who like to knock him. I(am) was just a hard working police officer with no clout who loved what he was doing for a living who caught a raw deal for God knows what! So I guess you werent in the program to even know how I was treated and what that feeling was like. So I suggest you take your post and shove it.
3/12/2010 09:21:00 AM
The shit I and so many others were put through was so bad it should not have been swept under the carpet ...
Amen Brother, I feel your pain, I've been there and then some. I don't think it's over for us yet. The city knows it fucked up otherwise Sgt.M. Connelly who was in personnel at the time wouldn't have opened her trap and spewed the rumor that the City was going to offer all the affected officers substantial amount of comp time. It's my feeling everything is on hold until the two Sgts. who were also placed on the BIS resolve their grievance. Their union unlike ours was going to seek damages. We shall see.
I(am) was just a hard working police officer with no clout who loved what he was doing for a living who caught a raw deal for God knows what! So I guess you werent in the program to even know how I was treated and what that feeling was like. So I suggest you take your post and shove it.
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Before you jump off a building, you should consider this.
The law is NOT about justice.
You were treated unfairly, but you have no damages. You were not forced to do anything. You could have quit at any time.
You were only denied MANAGEMENT positions. Positions you had no right to in the first place. They are picked at the sole discretion of the bosses of this department. Deservings got nothing to do with it.
Your frustration exists in your own mind. You love this job too much and when it doesn't love you back, you get angry.
Remember this before you hurt yourself. This is only a job, NOTHING MORE.
What you should have done is simply done nothing. You could have gone to work, wrote a few reports, drank some coffee, had some lunch, and started looking for something OUTSIDE THIS JOB where you could redirect your passion.
You are in a dark hole. Looking for justice on this job in this city is a pointless endeavor. Looking for any personal fulfillment on this job is just as pointless. You'll only go deeper into your hole.
Stop saying that you are the police. You are not. No one is. We all work for the police department. We are as important to the police department as a dock worker is to Walmart. Walmart doesn't love the dock worker and the dock worker doesn't love Walmart. Walmart just pays the dock worker and the dock worker works. If Walmart stops paying, the dock worker stops working.
It's about time you learned that there is more to life than working for a police department.
Before you jump off a building, you should consider this.
The law is NOT about justice.
You were treated unfairly, but you have no damages. You were not forced to do anything. You could have quit at any time.
You were only denied MANAGEMENT positions. Positions you had no right to in the first place. They are picked at the sole discretion of the bosses of this department. Deservings got nothing to do with it.
Your frustration exists in your own mind. You love this job too much and when it doesn't love you back, you get angry.
Remember this before you hurt yourself. This is only a job, NOTHING MORE.
What you should have done is simply done nothing. You could have gone to work, wrote a few reports, drank some coffee, had some lunch, and started looking for something OUTSIDE THIS JOB where you could redirect your passion.
You are in a dark hole. Looking for justice on this job in this city is a pointless endeavor. Looking for any personal fulfillment on this job is just as pointless. You'll only go deeper into your hole.
Stop saying that you are the police. You are not. No one is. We all work for the police department. We are as important to the police department as a dock worker is to Walmart. Walmart doesn't love the dock worker and the dock worker doesn't love Walmart. Walmart just pays the dock worker and the dock worker works. If Walmart stops paying, the dock worker stops working.
It's about time you learned that there is more to life than working for a police department.
3/14/2010 12:27:00 PM
Thanks for the Jedi mind tricks boss but your bullshit doesnt fly with me. Sounds like you were reading off of a script. You are the problem on this job and why its going down in flames. You have no pride for your work or yourself. CYA right? Maybe you should be the one considering quitting cause it sound to me as though you are just taking up space. You are right, it is only a job......but when Im judged, punished and outcast for no reason other than some paranoia of bosses due to the SOS scandal....then I have a problem. My life is not 24hr police you fool, maybe you like sitting and taking the hits while a 2 tier system is administered, but I dont. I have a family, friends and other activities besides this career. And the thing about "a right to a position"..Yeah my work history says otherwise. I dont recall bragging about being the Police but I'll get lured in and say it, yeah IM THE REAL POLICE. Words you will never, ever hear in your days. You are really a sad person you know that, perfect boss material. Enjoy a safe career my friend....whoops....I mean job right, sorry. You are a joke and about as important as a pimple is on a horses ass. Thanks for the lecture master, you can go back to the swamp now. See ya on the docks.
I dont recall bragging about being the Police but I'll get lured in and say it, yeah IM THE REAL POLICE. Words you will never, ever hear in your days. You are really a sad person you know that, perfect boss material. Enjoy a safe career my friend....whoops....I mean job right, sorry. You are a joke and about as important as a pimple is on a horses ass. Thanks for the lecture master, you can go back to the swamp now. See ya on the docks.
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Don't waste your money in deferred comp. You won't live to enjoy it.
I've seen many of you pass through. A good number are dead before they retire, the rest are always dead two years after retirement.
I tried to help, but you are too deep in your hole. I hope that one day you get your priorities straight.
You heard wrong. Rottner of Area three will replace Carotthers as head of the police committee. he will do so as a civilian, and continue to draw a salary past age 63.
Wrong, you have to be a Alderman to head a Committee, this blog is just ripe with crazy rumors...
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