Contact Card Lawsuit Resurfacing?
- 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.
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.
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