Contact Card Lawsuit Resurfacing?
Here comes bad news:
- Legal notice was sitting on my desk this morning. Department is being sued for "practice of detaining citizens without their consent for the purpose of filling out contact cards to gather data to use in future investigations. On information and belief, this policy has led to the violation of thousands of citizen's constitutional rights." See 12C6834, John Hall, et al v. City of Chicago, et al. Another of Gary's policies gonna cost the city big bucks. Got to at least meet the burden of a Terry Stop to do a contact card folks.
Here's the link to the Court Documents.
If we're reading this correctly, the Court dismissed the case in December 2012 against the defendant (City of Chicago) without prejudice. That means that the plaintiffs could refile when they make the corrections or meet the legal standards provided within the decision.
If this is popping up on someone's desk, it may have been refiled. Or this may be another class action suit surfacing.
This would bring up the question, "is the Department purging the electronic and paper records of Contact Cards within the time limit that they were supposed to be kept?" We believe it was 6 months, but we might be mistaken. If records exist past the time limit, each card or data entry is a nail in the City's case. We doubt officers could be held liable for poor records management.
But as the commentator states, "Got to at least meet the burden of a Terry Stop to do a contact card folks." If you are generating the paper that the Corp Counsel will hang you with.....not a good idea.
UPDATE: Paul Geiger has no opinion on this post.
If we're reading this correctly, the Court dismissed the case in December 2012 against the defendant (City of Chicago) without prejudice. That means that the plaintiffs could refile when they make the corrections or meet the legal standards provided within the decision.
If this is popping up on someone's desk, it may have been refiled. Or this may be another class action suit surfacing.
This would bring up the question, "is the Department purging the electronic and paper records of Contact Cards within the time limit that they were supposed to be kept?" We believe it was 6 months, but we might be mistaken. If records exist past the time limit, each card or data entry is a nail in the City's case. We doubt officers could be held liable for poor records management.
But as the commentator states, "Got to at least meet the burden of a Terry Stop to do a contact card folks." If you are generating the paper that the Corp Counsel will hang you with.....not a good idea.
UPDATE: Paul Geiger has no opinion on this post.
Labels: from the comments
posted by SCC at 12:01 AM
51 Comments:
The same dummies from 018 are involved in this suit as were in the last panhandling suit.
Who is John Galt, er, I mean who is Paul Geiger?
All the clout superstars from 018th we're named in the lawsuit. Fuckin hilarious!
"Got to at least meet the burden of a Terry Stop to do a contact card folks."
Not true. Police officers do not need reasonable suspicion for consensual encounters. Police officers may approach you and ask you questions at any time. However, if he/she wants to leave, you must let him/her leave or it becomes a Terry stop.
They don't fucking get it, do they?
The Mayor and Superintendent are quivering in their boots over shootings among African-Americans.
DO NOT DO A CONTACT CARD UNLESS YOU HAVE REASONABLE SUSPICION AND CAN ARTICULATE THE SAME!!!!
My answer is: ween these mother-fuckers off of welfare. They don't give a shit about how the real world lives. They get free money for phones, food and housing. They don't need to be accountable or responsible. They claim they can't get jobs because they are black! BULLSHIT! They can't get jobs because they don't look for jobs. They can't get jobs because they don't want to improve their situation in life.
They want the tax payers to pay for their lives. I have had dozens upon dozens of these low-lives says to me, in similar wording: America owes me cause I come from slaves; why the fuck should I work when I can get all of this shit for free.
Wake up people who call themselves liberals and want to help the "disadvantaged"! These people on welfare, link, etc. they need to spend no more than 18 months on the program. If they don't want to work, look for jobs, get a GED, get an education, etc., THEN FUCK THEM! Let them starve and rot.
They will look for anyway to get free money and the stupid contact system that McNumbnutts is prescribing is only going to cost the tax payer more money.
REFORM WELFARE! VOTE THE DEMOCRATS OUT! STOP WITH THE MERITORIOUS BULLSHIT PROMOTIONS!
Fuck McCarthy, Emanuel and all of those who prefer to give these people freebies so that they vote Democratic! The people who keep these African Americans tied to the welfare system are a new version of task masters and slave owners. Make these people change their lives and work for a living for a change.
AND FOR GOD'S SAKE, STOP DOING CONTACT CARDS UNLESS YOU HAVE REASONABLE SUSPICION!!!
Oh Paul before they sue me would you please resign.
Something to remember. We all swore an oath to uphold the Constitution, not to our supervisors or politicians. Keep that in mind when someone tells you to bring in "numbers."
A "re-filed" lawsuit regarding the main bean the New Yuck bean counters count to determine whether a Policeman is "generating enough activity" during their tour of duty?
Nod to the prior thread of Georgas and Patterson apparently losing their marbles about a car in the box not being in the box because the mobile application of CLEAR just doesn't fucking WORK as it should!
We wonder if they're going to try to hang a "catch-all" infraction on the coppers involved, just because?
THIS is the era of the Police being targeted by EVERYBODY for every peck-hen, pissy-ant little thing?
Ain't it enough showing up for work on time, clean uniform, shined shoes and sober enough to deal with these fucked up calls and fucked up on-views, in these fucked up neighborhoods?
Dealing with the fucked up inhabitants while trying to keep this fucked up city and fucked up department administrations off your fucking back and out of your motherfuckin' pockets?
Who in the name of Jerry Lewis is runnin' this shit-show?
How in hollerin' HELL can these Gold Stars pound a podium and lie, fake cry and speechify about "numbers" when EVERY FUCKING THING THEY BROW-BEAT AND HOUND POLICEMEN FOR gets tied to the rear bumper of the Litigation-Mobile and dragged through a half mile of vacant lots?
By the time the lawyers figure they had enough fun, these smarter than everybody else exempts & New Yuckers then cut a policy so fucking unwieldly on top of being so totally beshat as to be wholly unrecognizable from the damn thing that was litigated in the FIRST fucking place!
The stage being set for Policemen being thrown to the wolves en masse because of bad (legally leaky) policy and proceedure.
This is being driven by a culture of bean-counterism and a desperate department administration realizing they have lost this city and department.
"Got to at least meet the burden of a Terry Stop to do a contact card folks."
Not always, I do contact cards when people call the police. I put they stopped me or we had a consensual meeting.
we don't need no stinking contact cards, we already have plenty of databases hmm, CHA housing database, link card database, Facebook database, CPS school databases etc. their in the system already Gary. come on man. lets shoot some lights out before you go and after we'll inventory your weapon and show it to the media that recoveries are up. and then you can say that chicago gun laws are racist and shout the N word all over the place as you drive off into the sunset on I-290. to parts unknown with a bridge to sell. priceless
It's true saw the package outlining the whole thing. Court order and the motion was attached in the package.
Washington Post...
Chicago’s bills to settle lawsuits involving police department climbs by nearly $7 million
By Associated Press,
CHICAGO — With three new settlements this week and more lawsuits pending, Chicago’s price tag for legal claims against its police force is climbing and has already surpassed the $27 million the city set aside for this year.
***
The City Council agreed to settle three lawsuits this week for nearly $7 million. That’s on top of the more than $32 million aldermen signed off on weeks ago....
***
City law department spokesman Roderick Drew said the city now will use bonds to cover settlements...
***
Aldermen said that while they believed the three settlements last week were fair, they’re angry that such cases continue to come before the council. They said they still hear that the officers involved either remain on the payroll or continue to receive their pension, including Burge.
“These guys are untouched and unscathed, and they keep their jobs by and large and they keep getting a paycheck,” said Alderman Howard Brookins Jr. “It has to stop.”
Read the whole thing
Don't be the one caught in the trick bag. Someone's gonna get thrown under the bus to make a statement me thinks
Don't do them.
It was refiled. Date on the court order is 15 FEB 2013.
I think citizens SHOULD sue over the contact card bullshit. So I was working in 009 and Jarmusz gets on us about doing CC. Our good Sgts tell us to do contact cards on every one based on Jarmusz meeting. So I do like 4 CC and put the reason for the stop "based on direction of CMDR". So I get called into the "WC" office and asked if I am stupid or being a smart ass by putting that down. I was floored by the question. If what we are doing is a violation the STOP doing it. I would hate to be on the other end and a cop stops me as I am walking my dog day after day for my info. Then when I am told NOT to stop that guy walking his dog then who do I stop? You want me to profile black and Hispanic gang bangers. I don't have issue doing what's right but we can't have it both ways now can we. So tired of this job. You have no idea.
I really hope this Police Dept. and City get their asses handed to them in court over these stupid "Quota driven contact cards"!
As well as quotas for 5 movers, 5 parkers and 3 arrests every month just to get overtime!
Remember, you must have at least five contact cards in order to quailfy for overtime! If we don't have the handful then you get denied overtime! Happened alot already!
If this ain't a "Quota", then what is it then?
I always had issues stopping people, who are not doing anything in this free country, just to make some idiot boss look good!
My question is where are these so called bosses when the Federal lawsuits, come down on the lowly Police Officers! Crickets!
Da Pelon
hey bosses, contact card these nutts!!!
Almost all Motions to Dismiss are granted "without prejudice" because the motion is only based on the facts presented in the complaint, nothing more. If a plaintiff had facts that were not in the complaint, then the plaintiff could refile.
It does not appear there are any additional facts available to the Plaintiffs in this case, so this case is over.
However, the city is defending itself by putting the decision to complete a Contact Card on the officers, when we all know that this new superintendent is now demanding Contact Card quotas. If you read this opinion and added a quota system into the plaintiffs' case, the decision would be different.
But, our superintendent is a clever girl. He doesn't ever come out and say there is a quota, he just implies it at Compstat. Our district commanders are not clever girls. They are dumb blondes and they often come right out and say how many Contact Cards they want.
When they do that, it would be important for the officer to make note of it.
Don't worry. The department will cover you. Yep. Sure will.
I hate contact cards too, but come on guys, if you can't articulate reasonable suspicion then you need to look for another line of work.
This would bring up the question, "is the Department purging the electronic and paper records of Contact Cards within the time limit that they were supposed to be kept?"
You're joking, right?
I believe Fed funding was withdrawn after CPD was caught keeping 'associate' and family information on bad guys--Fed's were pissed CPD was using the information inappropriately. I don't have a lot of the details, but someone from that unit (I think now disbanded), the CPD hasn't stopped.....what they're doing is illegal and they know it--and they're still doing it.
Maybe somebody has more info on the circumstances.
Before retiring I was sent to in-service "Contact Card" training. A lawyer from the city law department and a PO from the academy "law section" taught it. They discussed constitutional issues, racial profiling and other related issues. They presented the "new" color coded cards: juvenile, adult walker, adult driver, etc. They showed a CPD video "Good contact card vs bad contact card."
Both in the live presentation and video they stressed there were a number of elements you needed for a legal contact card. Each element had to be covered in detail. I think there were nine (maybe ten, maybe seven) elements that had to be covered in detail.
I pointed out that with the amount of space provided for narrative, it is impossible to write a legal card with all the information required. I asked if they had a "Supplemental or Continuation" Contact Card. "No."
I told them to do an in class demonstration of writing a "legal" contact card. They refused. They said the contact cards were going to be on the PDT with unlimited narrative. I asked when? They said "soon." "What do we do in the meantime?", I asked. "The best you can."
A few have bragged about using the phone book, or writing a card on a waitress in the restaurant, a doctor in the ER, bus drivers on their bus, school teachers & administrators in their school, crime victims and witnesses at the crime scene, and anyone else they say "hello" to during their tour...good luck!
Again, as usual, McCardboardBox was bitching about contacts cards again--and praised Pena for leading the city in them.
You guys who work for her are soft as puppy shit. Why don't you guys try to go a month without doing any, so that supreme bitch has to answer for it at compstat?
McWeenie also told commanders to limit comp time even further.
Why not make up contact cards? Or advise people that they don't have to give you their information, make a note of where you stopped them, etc., and submit that?
01:02 am. ***1/2.
A contact card should be written on an investigatory stop, if you run their name as you should in a proper investigation, you should do a contact card. If you don't and the subject of your stop beefs, IAD and IPRA have been known to give time for the lack of a contact card even if they can't sustain the beef.
If you are generating contact cards on people that are not proper investigatory stops just to give the bosses numbers then you are an idiot.
Typical self interested boss stated at roll call,"don't worry about the law suit its nothing don't let it stop you from doing contact cards."
This p.o.'s understanding of a contact card is that you do a contact card when you detain someone under the guidelines of a Terry stop. You DO NOT do a contact card when you respond to a 911 call. You do not do a contact card for someone you have already arrested or written an ANOV to. You do not do a contact card for a starting up a conversation with some citizen you meet during a non-criminal-investigation encounter.
If you stop someone and don't have probable cause to arrest, you have to let them go. if someone does not want to give you a name, what state law are they violating? put "refused" in the name, DOB, address, and phone boxes. fill in the rest as best as you can. IT COUNTS!!
Don't let bosses tell you to violate people's civil rights. You took an oath to uphold the U.S. Constitution, not to uphold the whims of a politically connected, asskissing, never-been-the-police hack.
Yes, we know who the criminals are just by looking at them. But that does not give the police, under the laws of this land, to stop and detain someone based on that observation alone. It is the other observations that lead to a Terry stop that then become the narrative of your contact card.
You do contact cards to document LEGAL stops. Anybody who stops someone for no reason just to do a contact card is a frickin idiot.
I think you cry babies are whining about documenting your stops because you don't want to do any. You want to play angry birds, sleep, eat free food and look up you tube videos.
VRI contact card narrative I routinely see... "Above observed loitering in a high crime area". If you can't see why I hit reject, then you know anything about the law or CYA. Don't whine to me about taking money out of your pocket because I rejected your cards and you didn't meet the program requirements. Give me a narrative that won't get us both sued, and I'll gladly hit the approve button.
Anonymous said...
I hate contact cards too, but come on guys, if you can't articulate reasonable suspicion then you need to look for another line of work.
3/15/2013 10:46:00 AM
You're the one that needs a new line of work, if in fact you mean make shit up in order to articulate reasonable suspicion. It's your line of thinking that will and has jammed up cops. While you're at it, go and get a pinch for "Da Boss!!!"
A real and true Oath Keeper knows what I mean. I hope to see more responses from fellow Oath Keepers.
"I think you crybabies are whining about documenting your stops because you don't want to do any..."
3/15/2013 05:29:00 PM
Are you the same Tuffy "Tough-Guy" O' Toole who boasts on nearly every thread about the multiple times you've been "sued in federal court" and how everybody is such a big pussy for not wanting the grief and aggravation of a "little pussy-ass law suit?"
Are you that big of a dick-head that you can't see which fucking track these contact card law suit trains are running on?
Oh... You can't see because your balls are hanging down in your eyes...
Oh... You must be a police "manager" of some sorts.
It bugs you that much that Policemen are justifiably reluctant to sign on to a practice that has been found on repeated occasions be swift lawyers to be "legally leaky" and that the ones who will be hurt the most ARE Policemen?
Not ONE Gold Star is going to be greeted on the front porch of THEIR house one fine morning by plaintiff's counsel et al and be asked "nicely" for the keys...
The "Bad stuff is only happening to The Blue Shirts.
Your next post will no doubt center solely on "having balls" or "stop being pussies" or some other bullshit bravado.
You must be a joy to be around...
Your kids must be having a lot of fun picking which bad nursing home they're going to put you in.
You'll learn to love that lime jello with the pineapple chunks...
What a crock of shit contact cards have become. Reminds me of traffic stops. Ask for a drivers license to get that mover. Forget about that gun in his waist band, the dope in his sock.
That is not policing this is pimping for the bean counters who don't know how to be the police. Contact cards will never replace arresting the bad guys. The soup and his minions are soft as puppy shit. Never were the police and never will be. Disgusting to see the soup in a CPD uniform.
What's your next next failed strategy Mcnumbnuts? Broken windows again? So old and tired! Not working either.
Hey mayor did you dream about another plan for the children. How's that red light cameras around schools working out. Refurbished playlots would be nice. Have to do something for the children again to distract from your failures. How's that sergeants contract coming along? How about a fair contract for the police. No you say, because we don't play nice. Well then maybe you can secure the beaches for the children this summer. You know those beaches that get to hot and have to be closed for the safety of the children and their parents. Mcnumbnuts try a summer mobile force. Of course for your salary of 300,000 a year you already know that. Don't you? Clueless!
You're a lazy fuck who wouldn't know how to write your way out of a brown paper bag. Take your oathe keeper crap and shove it, junior. Bitter lazy policeman you sound like.
Anonymous said...
I hate contact cards too, but come on guys, if you can't articulate reasonable suspicion then you need to look for another line of work.
3/15/2013 10:46:00 AM
You're the one that needs a new line of work, if in fact you mean make shit up in order to articulate reasonable suspicion. It's your line of thinking that will and has jammed up cops. While you're at it, go and get a pinch for "Da Boss!!!"
A real and true Oath Keeper knows what I mean. I hope to see more responses from fellow Oath Keepers.
Oath Keeper. Shut the fuck up, ya goof. This is a legitimate topic. Save the jokes.
Not true. Police officers do not need reasonable suspicion for consensual encounters. Police officers may approach you and ask you questions at any time. However, if he/she wants to leave, you must let him/her leave or it becomes a Terry stop.
3/15/2013 12:26:00 AM
Yes this is correct. Although in this city, its real easy for a lawyer and the media to spin a casual encounter into a violation of rights.
“These guys are untouched and unscathed, and they keep their jobs by and large and they keep getting a paycheck,” said Alderman Howard Brookins Jr. “It has to stop.”
==========================
Was he looking in a mirror when he said that?
Anonymous said...
I hate contact cards too, but come on guys, if you can't articulate reasonable suspicion then you need to look for another line of work.
3/15/2013 10:46:00 AM
Sonny, if you stop me for no reason other than to write a contact card when I'm walking my dog, you will be looking for a new line of work.
And I will be the recipient of everything you own.
You are the kind of moron the bosses love.
What really amazes me are the officers who respond to a call at a residence or handle a traffic crash and they complete a contact card on the caller or on the drivers of the cars just to show activity. These same officers would never stop a gangbanger at 10:00 at night or 2:00 in the morning.
Several years ago, My Dad and younger brother were changing a flat tire in the driveway of our house about 10:00 at night. Two officers drove by and stopped to see what was up. A couple of weeks later I was checking contact cards and curfews on my home beat (2211) to see what was going on in the neighborhood, a contact card was written on my Dad, a curfew was written on my younger brother and the following night a contact card was written on my younger brother by the same two officers.
022 - Mt. Greenwood......
Sorry pal, You are wrong on all accounts.
Has nothing to do with having balls or anything of the sort.
Somethings can't be ignored. That is, the majority of the people I see complaining ARE the dog asses that just want to suck up paychecks and do nothing.
I'm not the lease bit worried about a lawsuit. Let alone being found liable and paying money. Why? Because my stops are legit.
Now go back to your angry birds or back to your hole or whatever it is you do INSTEAD of your job. Lame ass.
Are you the same Tuffy "Tough-Guy" O' Toole who boasts on nearly every thread about the multiple times you've been "sued in federal court" and how everybody is such a big pussy for not wanting the grief and aggravation of a "little pussy-ass law suit?"
Are you that big of a dick-head that you can't see which fucking track these contact card law suit trains are running on?
Oh... You can't see because your balls are hanging down in your eyes...
Oh... You must be a police "manager" of some sorts.
It bugs you that much that Policemen are justifiably reluctant to sign on to a practice that has been found on repeated occasions be swift lawyers to be "legally leaky" and that the ones who will be hurt the most ARE Policemen?
Not ONE Gold Star is going to be greeted on the front porch of THEIR house one fine morning by plaintiff's counsel et al and be asked "nicely" for the keys...
The "Bad stuff is only happening to The Blue Shirts.
Your next post will no doubt center solely on "having balls" or "stop being pussies" or some other bullshit bravado.
You must be a joy to be around...
Your kids must be having a lot of fun picking which bad nursing home they're going to put you in.
You'll learn to love that lime jello with the pineapple chunks...
Anonymous said...
"Got to at least meet the burden of a Terry Stop to do a contact card folks."
Not always, I do contact cards when people call the police. I put they stopped me or we had a consensual meeting.
3/15/2013 01:08:00 AM
This is the problem with police today. Do write a card on victims too??
So what to do? We understand the point of contact cards.
There is no simple solution to violence in Chicago.
As much as political types woe for the "plight of the poor", they know what goes on in these neighborhoods. Just like the PC judges know when they dismiss the case before hearing it. They ALL know. Dont be fooled into thinking that all they see is the 8th grade pic of pookie on the news after he murdered someone.
They are experts on fooling you in to believing that.
They know that police are detouring crimes. And NBC wont report the shooting that didnt happen because police intervened.
But, they also know that its a balancing act. They arent happy with this situation. And they need to appease a voting base. What to do?
Answer: Support police operations silently when the strategy works or appears to work. But reject and blame when it backfires. Thats a strategy for the politician.
What can we do? Bury your pride. Use your brain. Trust your instincts.
But, they also know that its a balancing act. They arent happy with this situation. And they need to appease a voting base. What to do?
Answer: Support police operations silently when the strategy works or appears to work. But reject and blame when it backfires. Thats a strategy for the politician.
What can we do? Bury your pride. Use your brain. Trust your instincts.
3/16/2013 04:39:00 PM
it's not only about the votes.
not by a long shot.
"...My stops are legit."
3/16/2013 01:49:00 PM
Yeah ok, Tuffy O'Toole...
YOUR stops are legit until some swifty lawyer decides they aren't and the courts agree...
"Gibs me yo house ossifer!"
You'll have the nerve enough to be salty when people point and laugh at YOUR benefit flyer hanging by one staple on the bulletin board.
Know-It-Alls like you drown in the river next to the bridge every damned day... But you knew too damned much to go THAT way...
You shit-talk like the coppers themselves somehow bear responsibility for fucked up policy and bad past practice.
IF the department was run by competent people who see that contact cards are a constant source of litigation, the damned stupid things should be temporarily ceased for review by COMPETENT lawyers and not the usual department/city hall hacks and bean counters fearing not having enough beans to count.
Also... Training. Training. Training.
Which costs... Money. Money. Money.
In addition to all the other bullshit in the game...
Keeping up so far?
Also... Training. Training. Training.
Which costs... Money. Money. Money.
In addition to all the other bullshit in the game...
Keeping up so far?
3/16/2013 10:37:00 PM
We get training. That streaming video is just great!
Anonymous said...
Several years ago, My Dad and younger brother were changing a flat tire in the driveway of our house about 10:00 at night. Two officers drove by and stopped to see what was up. A couple of weeks later I was checking contact cards and curfews on my home beat (2211) to see what was going on in the neighborhood, a contact card was written on my Dad, a curfew was written on my younger brother and the following night a contact card was written on my younger brother by the same two officers.
022 - Mt. Greenwood......
3/16/2013 11:05:00 AM
Well Messr. Hillbilly, working on a car at 10:00 at night is reasonably suspicious.
Anonymous said...
Anonymous said...
Several years ago, My Dad and younger brother were changing a flat tire in the driveway of our house about 10:00 at night. Two officers drove by and stopped to see what was up. A couple of weeks later I was checking contact cards and curfews on my home beat (2211) to see what was going on in the neighborhood, a contact card was written on my Dad, a curfew was written on my younger brother and the following night a contact card was written on my younger brother by the same two officers.
022 - Mt. Greenwood......
3/16/2013 11:05:00 AM
Well Messr. Hillbilly, working on a car at 10:00 at night is reasonably suspicious.
3/17/2013 01:33:00 PM
Contact card ,ok, but please explain the curfew.
Sonny? Haha! Walking your dog is not reasonable suspicion. Come talk to me after you graduate the academy and complete a law class. Dork.
http://portal.wowway.net/news/read.php?rip_id=%3CDA54LD3G1%40news.ap.org%3E&ps=931
NY police admit making bogus st stops.
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