Representative Case, Policy, and Community Work
Mandel Clinic Assists Public Radio in Opening Illinois Juvenile Prisons to the Media
- Quinn Opens Juvenile Prisons to Media (WBEZ, 1/4/10)
- Gov. Quinn Keeping Youth Prisons in the Dark (WBEZ, 12/10/09)
Mandel Clinic Challenges Illinois Forfeiture Law Before the United States Supreme Court
The Clinic represents a group of low-income women, who despite not having been accused of doing anything wrong, their cars were seized and impounded for more than a year by police without any opportunity to seek the return of their property before a court. The Clinic brought a Constitutional Due process challenge to Cook County’s forfeiture scheme. The scheme provides powerful financial incentives to police and prosecutors to seize cars and other private property, but provides no check on those seizures by a neutral magistrate often for more than a year. Our clients, who lost their primary means of transportation for more than a year, seek an injunction that requires the state to provide prompt hearings after the government seizes personal property.
- University Web Feature: Law Students Help Build Supreme Court Case, 11/9/09
- Clinic students help see case to Supreme Court 10/27/09
- "Justices Hear Arguments on Property Seized by Police," Adam Liptak, New York Times, 10/15/09
- "Justices Weigh Rules on Recovering Assets," Jess Bravin, Wall Street Journal, 10/14/09
- Woman Gets Car Back From Police After 3 Years, by Rob Wildeboer, WBEZ
- Read Clinic’s merits brief before the U.S. Supreme Court in Alvarez v. Smith
Mandel Clinic Reforms Chicago Settlements to Eliminate Unethical Clauses that Restrict Attorneys' Right to Practice Law
- "A Crack in the Wall of Denial: Challenging Chicago’s Unethical Settlement Practices," by Craig Futterman, Jason Huber, and Pier Petersen, to be published in 25th Anniversary edition of the Civil Rights Litigation Annual Handbook (Fall 2009).
- "Settlements You Can’t Sign, Ethical Implications of Chicago’s Machinery of Denial," by Craig Futterman, Jason Huber, and Pier Petersen, published in Volume 9 of Police Misconduct and Civil Rights Law Report (May/June 2009).
- Mandel Clinic Challenges Chicago’s Unethical Settlement Practices
- Chicago Changes Settlement Terms in Cop Cases, Lynne Marek, National Law Journal
Clinic Wins Public Release of List of Officers with Most Abuse Complaints in Chicago
- "Release of Police Documents Imminent," by Jamie Kalven, Huffington Post, Sep. 9, 2009
- "Chicago Revamps Investigations of Police Abuse, but Privacy Fight continues," Libby Sander, New York Times
- "Judge Orders Release of Police Data," by Curtis Black, Community Media Workshop.
- "What are they Hiding? List of Officers with more than 10 Complaints Remains a Secret," Chicago Sun-times article by Frank Main and Abdon Pallasch
- "City Holds up Details on Cop Investigations," Chicago Tribune article by David Heinzmann
- "Elite Cops Rack Up complaints," by David Heinzmann, et al., in the Chicago Tribune
- "Hard to Trust Daley 'Reform,'" by Carol Marin, Chicago Sun-Times
Clinic Advocates for the Creation of an Independent Agency to Investigate Police Abuse in Chicago
- "City Aims to Stop Rogue Cops," by Gary Washburn and David Heinzmann, Chicago Tribune
- "The Need for Independent Civilian Review of the Chicago Police Department" by Craig Futterman and Jamie Kalven
- "Policing the Police", by James Foley, Ryan Gallagher, & Phillip Kaplan, Medill News Service
- Chicago Public Radio, Sonari Glinton, on Proposed Ordinance to Establish Independent Police Oversight
- CBS 2 Chicago Report, "City Seeks New Police Brutality Oversight"
- Listen to Dave Stewart's Report on WGN-Radio, "City Seeks Higher Standards for Cops-- Public Clamor, Plus Political Embarrassment Prompts New OPS Ordinance"
Clinic Fights to Reform Police Department's Disciplinary and Supervisory Systems
- Mandel Clinic Study: The Chicago Police Department's Broken System
- ABC 20/20, Code of Silence, “Don’t Rat Out Other Cops” [.mov]
- Why You Should Care About Police Corruption, Chicago Tribune
- A Portrait of Impunity (Part 1) by Jamie Kalven, Part 2
- Breaking the Blue Wall, The Economist
- "Chicago Police Abuse Cases Exceed Average," by Susan Saulny, New York Times
- Certain Areas have More Bad Cops, by Michael Higgins, Chicago Tribune
- Listen to Chicago Public Radio report on enhancing accountability in the Chicago Police Department, WBEZ Alliance, copyright 2006.
- Listen to Chicago Public Radio to hear Craig Futterman and Prof. Dennis Rosenbaum discuss reforming the Chicago Police Department.
Clinic Wins Justice for Stateway Gardens Residents After Police Raid of Community Basketball Tournament
- Law Professors Successfully Argue Case to Protect Local Citizens' Constitutional Rights - University of Chicago Chronicle
- University of Chicago Clinic Wins Half Million Dollar Settlement for Police Raid of Stateway Basketball Tournament
- "Legal Aid Clinic at U of C Awarded $500,000" - Chicago Defender (12/20/03)
- Listen to Diantha Parker of Chicago Public Radio report on the Clinic's Historic Settlement related to the Chicago Police Raid of the Stateway Basketball Tournament
- Lawsuit over police search after game to go to trial - Chicago Tribune (7/4/03)
- The View from the Ground: Police Raid Stateway Basketball Tournament (6/26/01)
Clinic Wins Million Dollar Settlement for Homeless Man Wrongfully Accused of Murder
The Mandel Clinic worked to free a vulnerable young man who was coerced by Chicago police detectives into giving a false confession to the brutal murder of his own mother. The Clinic also exposed the identity of the real killer, a serial rapist who attacked a number of African American women who lived in the same neighborhood, and later won a million dollar settlement for our client. In addition, the Clinic's work on the case brought national attention to the phenomenon of false confessions, played a prominent role in our nation's death penalty debate, including the Illinois Governor's decision to implement a moratorium, spawned legislation in Illinois and elsewhere that requires the videotaping of police interrogations, and caused the Cook County State's Attorney to implement training of all prosecutors on how to recognize the potential false confessions.
- University's Collaborative Efforts Win Justice for Gentle Giant (University of Chicago Chronicle, 10/19/06)
- Confession Forced, Freed Man Says (Chicago Tribune, 10/12/06)
- Wrongly Imprisoned Man Sues CPD (Chicago Defender, 7/16/02)
- Wrongfully Accused Man Sues Cops (Chicago Sun-Times, 7/16/02)
- Cops Urged To Tape Their Interrogations (Chicago Tribune, 1/6/02)
- DNA Voids Murder Confession (Chicago Tribune, 1/5/02)
Clinic Ends Chicago Police Practice of Holding Witnesses Incommunicado in Locked Interrogation Rooms without Access to Lawyers
- "Locking up Witnesses and Throwing Away the Key"(Medill News Service, 12/14/05)
- CPD Slammed for Holding Witnesses too Long (Chicago Defender, 4/7/05)
- "NBC 5 Special Investigative Report by Marion Brooks regarding CPD Practice of Locking Witnesses in Interrogation Rooms" [download Windows Movie file]
- Stay Denied on Witness Rights No Pressure Yet to Enforce Order (Chicago Tribune, 9/11/02)
- Police Blasted on Witness Rights; Chicago Cops, County Prosecutors Handle Them Like Suspects, Court Says (Chicago Tribune, 9/10/02)
- Granting Permanent Injunction Opinion (FDLA v. City of Chicago, filed 9/9/02)
- U.S. Judge Slams Law Enforcement Officers (Chicago Daily Law Bulletin, 7/23/02)
- Police Block Lawyers From Clients, Suit Alleges
- Opinion Granting Perm Inj (dist ct).pdf
50-Year-Old Stateway Woman Charges Police with Repeated Sexual, Physical, & Mental Abuse in Public Housing
- Anderson Cooper 360, CNN, "Chicago's Finest Under Fire for Brutality" [.mov] (9/28/2007)
- "Chicago's Police Problem," by Kari Lyderson, published in Colorlines -- The national newsmagazine on race and politics (May/June 2007)
- Chicago Public Radio report on Chicago Police Defendants' Attempt to Obtain Reporter's Confidential Notes, (7/5/2006)
- The Lawsuit [PDF] (filed 6/27/06)
- "Kicking the Pigeon," by Jamie Kalven (7/6/05)
Clinic Wins Settlement Protecting First Amendment Free Speech Rights of Human Rights Worker
- Police Accountability Project Defends Residents' Right to Document Abuse (The Advocate, Winter 2003)
- Law Clinic Wins Settlement Protecting Free Speech Rights of Human Rights Worker (10/25/02)
- University Law School Clinic Files Suit Against CPD(Hyde Park Herald, 3/27/02)
- Suit Filed in Alleged False Arrest (Chicago Defender, 3/25/02)
- 6 Cops Face False-Arrest Lawsuit (Chicago Tribune, 3/19/02)
- Suit Alleges Abuse by Police at CHA Site (Chicago Sun-Times, 3/19/02)
Clinic Proposes Reforms with Justice Coalition of Greater Chicago to Enhance Police Accountability
1. Civilian complainants be treated equally with the accused officer: We propose and recommend that civilian complainants be treated equally with the officer complained of in that each shall be questioned in the same detail about the alleged conduct, the officer's word shall not automatically be accepted over that of the civilian and reasons shall be given for sustaining or not sustaining all cases. Currently, complainants are questioned in detail while officers are frequently allowed vague "To-From" reports with general denials of wrongdoing.
2. Consideration of substance and patterns of civilian complaints of officer misconduct by OPS and IAD investigators and supervisors: We further propose and recommend that the substance and patterns of all civilian complaints of police misconduct against an officer be considered by police disciplinary investigators, supervisors, and internal auditors, and that disciplinary complaints of misconduct be included in the periodic evaluations of officers, considered in promotion decisions and that nothing in the contract with the Fraternal Order of Police shall be interpreted to interfere with this.
3. Elimination of lengthy and duplicative steps in the disciplinary process: We further propose and recommend that the disciplinary process be streamlined from its current interminably lengthy and duplicative seven stage process to the following four stages:
- Investigation, findings and disciplinary recommendation of OPS and IAD investigators. (Supervising sergeants should be informed of CR investigations but should not do the investigating particularly in instances where the conduct complained of was carried out while they were supervising the officer.
- Review and concurrence or nonconcurrence by OPS or IAD supervisors and administrative heads of the agencies.
- Review of findings and recommendations by the Superintendent
- Review of cases by the Police Board where discipline of more than five days is recommended.
Command Channel Review and the Complaint Review Panel allow review of OPS investigators and their supervisors' decisions by regular Chicago Police Officers, who are allowed to make advisory opinions. These processes, one involving a review of the file and the other requiring an oral hearing unnecessarily delay the outcome of the disciplinary process and seldom provide new information. The old FOP contract which was supposed to expire on June 30, 1999 but is still in effect allows both the Complaint Review Panel and an additional grievance procedure after the rulings of the Superintendent or Police Board. The grievance procedure which begins with non-binding arbitration, has a huge backlog and substantially elongates the disciplinary process sometimes for years and all too frequently results in a reduction or reversal of the discipline previously mandated because of the backlog. Officers still have the right to challenge any disciplinary action in court. The CPD does not make available statistics on how many punishments are reversed or reduced through the grievance procedure thereby making evaluation of the frequency and severity of punishment in the current disciplinary process impossible.
4. Immediate supervisors have responsibility for discussing all disciplinary complaints with their subordinates and recommending additional monitoring, counseling, and/or training when appropriate: Currently supervisors are excluded or exclude themselves from the disciplinary process and admit total lack of knowledge regarding civilians' allegations of their subordinates' wrongdoing.
5. Creation and implementation of "use of force" and "search and seizure" reports: We propose and recommend that the CPD develop and require all officers to complete written (a) "use of force" reports to be filled out by any CPD officer using type of force greater than escort and compliant cuffing and (b) "search and seizure" reports to be filled out when any CPD officer (1) performs a warrantless search (excluding searches incident to arrests, frisks, and pat-downs (2) performs a body cavity or strip search, or (3) conducts any warrantless seizure of property (excluding towing vehicles) and that these reports as well as all disciplinary complaints be routinely monitored by the CPD to determine abuses and patterns of abuses.
6. Implementation of field contact cards or reports for traffic stops and investigative stops based on suspicion of criminal activity containing race and gender of persons stopped: Currently Field contact cards are completed at the discretion of the officer, are only maintained for a limited period and are not monitored. The cards should be retained for 24 months and, in addition to the age, race and gender of the person stopped should include (a) the officer's name, race, and badge number; (b) approximate time and location; (c) whether the stop involved a frisk or pat-down search; (d)any weapons, evidence or contraband found during the search; whether the individual involved was arrested or cited, and if so, the charges.
7. Creation of an effective and automated early warning system: In order to produce an effective disciplinary system the Justice Coalition of Greater Chicago proposes and recommends that the CPD create an effective and automated Early Warning System. This must include a database that takes into account numbers and patterns of disciplinary complaints against each officer by citizens and police personnel, allegations of racial bias and domestic violence, civil actions against the CPD, use of force as documented in the "use of force" reports, illegal entries and searches as documented in the "search and seizure" reports as well as other reliable indicia of "at risk" officers and which recommends increased monitoring, supervision, and/or counseling of the officer when the threshold for triggering action by the Early Warning System is reached.
8. Police officers who provide information about other officers' wrongdoing be protected from reprisals: We further propose and recommend that police officers who provide information about other officers wrongdoing be given protection from reprisals and where necessary rewards for providing testimony concerning other officers wrongdoing by allowing transfers to other units and in some cases promotions. This is prohibited by the current F.O. P. contract and by City Ordinance which state "An officer under investigation shall not be threatened with transfer, dismissal, or disciplinary action (or promised a reward as an inducement to provide information relating to the incident under investigation or) for exercising any rights contained herein."
The anti-whistle blowing provision in the underlined portion above impedes investigation of police misconduct because officers who come forward with information against fellow officers in their unit cannot be protected from retaliation even with transfers. The underlined portion should be deleted. Investigators should be permitted to reward officers who risk personal harassment by disclosing other police officer's misconduct and the promise of rewards is a necessary and effective tool in discovering and eliminating misconduct within any close association of people.
9. OPS and IAD accept anonymous complaints: We further propose and recommend thatanonymous complaints of police abuse of citizens be accepted and the current ordinance prohibiting anonymous complaints except where criminal conduct is alleged be amended and the current similar provision in the F.O.P. be omitted from the future contract.
Ordinance 2-84-330 concerning the Department of Police entitled "conduct of disciplinary investigations"D. "No anonymous complaint made against an officer shall be made the subject of a complaint register investigation unless the allegation is of a criminal nature."
Former FOP contract 6.1D "No anonymous complaint made against any officer shall be made the subject of a Complaint Register investigation unless the allegation is a violation of the Illinois Criminal Code"
These portions should be deleted because anonymous complaints are frequently what expose police corruption and wrongdoing and the determination of what is a complaint "of a criminal nature" is unclear and subject to abuse.
10. Records of disciplinary complaints against officers and their dispositions should be maintained during and for three years following an officer's employment: We further propose and recommend that records of disciplinary complaints by citizens and dispositions of these complaints be maintained during the employment history of the officer and for three years following in the event he/she may seek to resume employment. City Ordinance 2-84-430 entitled "Complaints against police-Investigations" reads as follows:
All complaints of citizens regarding officers and members of the department of police shall be investigated promptly and thoroughly. The substance of all oral complaints and copies of written complaints and copies of written complaints received at the police stations, and by the various bureaus, divisions and sections of the service, shall be forwarded promptly to the superintendent of police.
The following amendment should be added to the above language.
"All complaints shall be maintained for the period of the complained of officer's employment. All Findings of "sustained" shall remain in the officer's disciplinary file."
The first sentence is necessary to prevent the destruction of complaints from which patterns of police misconduct can be determined. The second is necessary for the same reason because currently under Section 8.4 of the FOP contract a Complaint Register with a finding of "Sustained-Violation noted, No disciplinary Action" is removed from the disciplinary file after one year. This allows an unlimited amount of unpunished misconduct and prevents the discovery of patterns of misconduct.
11. Disciplinary complaints alleging misconduct toward civilians should be permitted to be filed without a statute of limitations: The current F.O. P. contract reads 6.1D "No complaint or allegation of any misconduct concerning any incident or event that occurred five years prior to the date the complaint or allegation became known to the Department shall be made the subject of a Complaint Register investigation..." It prohibits investigations into prior police misconduct no matter how egregious and if this provision had been in effect it may have barred the investigations into torture at Area 2 which led to the firing of commander Burge.
12. The Chicago police department should produce printed annual reports and make monthly statistics available sufficient to allow public monitoring and reasonable analysis of the disciplinary system and should monitor the field contact cards to determine if and where racial profiling is taking place: We further propose and recommend that forpurposes of public accountability the CPD produce printed annual reports sufficient to allow reasonable analysis and evaluation of the disciplinary process. These reports must include by unit, district and City-wide the (a) the number and type of Complaint Registers, (b)who investigated the complaints (OPS, IAD, or the officer's supervisor), The disposition by category of the complaints (i.e. sustained, not-sustained, unfounded, and exonerated) the punishment recommended at each phase of the process, and the actual punishment meted out at the end of the arbitration process. Current reports are particularly lacking in describing what punishments if any are actually meted out in what types of cases and in describing how frequently the OPS investigator's findings and recommendations for punishment are reversed or reduced in the disciplinary process.
These proposals if implemented with the right spirit and a well-trained, committed, and adequately staffed Office of Professional Standards and Internal Affairs Division would substantially increase the effectiveness of the current disciplinary and would meet minimum requirements for an effective disciplinary system and have been acknowledged as absolutely necessary for the adequate functioning of Chicago and other large urban police departments.(See the Webb commission reports for 1997 and 1999.)
Manley High School Students Share Their Vision of Police/Youth Relations
In 2002, I met with a group of students at Manley High School on the West Side of Chicago working with the Umoja Student Development Corp. The students expressed concerns about their relations with the police in their neighborhood. The students shared with me a vision of a cooperative, positive partnership with police around issues of public safety. With their permission, I share with you a short video clip produced entirely by these students comparing their dream with reality through the eyes of our young men and women. I hope that together we can make their dream a reality.
- Professor Craig Futterman
Click here to view the video clip.
Mandel Clinic's Advocacy on Behalf of Individual Victims of Police Brutality
- Police Stories (The View From the Ground, 9/27/01)
- Law Students Defend Brutality Victim: $45,000 Awarded to Man Attacked by Police(Chicago Maroon, 12/5/03)
- Mandel Clinic Wins Settlement in Police Brutality Case
- U of C. Lawyers Win Settlement for Homeless Man (Hyde Park Herald, 12/10/03)
- Clinic Wins Civil Rights Settlement After Freeing Wrongfully Accused Man
- U. of C. Clinic Wins Cop Abuse Suit for Stateway Man