The city settled 90 police-related lawsuits out of court in 2020, resulting in about $20.7 million in payments to plaintiffs and their attorneys. Juries awarded another $19.8 million among two police misconduct cases that made it to trial, the report shows.
How much did Chicago spend on police misconduct settlements in 2018?
Chicago spent more than $113 million on police misconduct lawsuits in 2018 The city paid more for police misconduct settlements last year than any year since at least 2011, bringing the total tab to well over half a billion dollars in just eight years. By Jonah Newman | March 7, 2019
How much do police misconduct cases pay out?
In fact, the number of police misconduct cases paid out was down slightly from the previous years. However, as in past years, the city paid out nearly one lawsuit every two days, on average. And the majority of them paid out not millions but rather tens of thousands of dollars. The median payout was $50,000. The smallest payouts were for just $500.
How many lawsuits does a city face in a year?
Cities can face hundreds of lawsuits every year charging, among other things, that police used excessive or deadly force or made a false arrest. Many times the details of settlements are hidden behind confidentiality agreements.
How much do cities spend to settle misconduct lawsuits?
Our analysis shows the cities have spent more than $3 billion to settle misconduct lawsuits over the past 10 years. (You can access all of the data in our Observable notebook .) But as with Cleveland, the data mostly left us with more questions than answers.
What is the most common form of police misconduct?
Common Forms of Police Brutality#1: False Imprisonment. False imprisonment occurs when an officer takes an individual into custody without having probable cause or obtaining an arrest warrant. ... #2: Excessive Force. ... #3: Malicious Prosecution. ... Our Police Brutality Lawyers Will Advocate for You.
What is the largest police settlement?
MINNEAPOLIS (AP) — The attorney for George Floyd's family said Friday that a $27 million settlement of a federal lawsuit by the city of Minneapolis is the largest pretrial civil rights settlement ever.
Can I sue the police for negligence investigation?
When can I sue the police for negligence? The law allows you to sue the police if they are negligent in the way they carry out their normal work. So, for example, you can sue the police if a police car knocks you down.
Can you sue a cop in Illinois?
In Illinois police misconduct lawsuits, you can win compensation for misconduct by police, loss of your property, and any time you spent in jail or prison for crimes you never committed.
How much did Chicago spend on police misconduct?
A Washington Post investigation published on Wednesday found that Chicago paid nearly $528 million in police misconduct claims between 2010 and 2020, including more than $380 million tied to officers who were targets of multiple claims.
Where do police settlements come from?
The money for civilian payouts for police misconduct does not come from police department budgets. Rather, civilian payouts overwhelmingly come from general funds, though some come from bonds and even insurance policies, particularly in smaller areas.
Can I sue the police for emotional distress?
Can I sue the Police for emotional distress? If you have suffered emotionally and psychologically as a result of being involved in an act of Police misconduct or negligence, then you can make police negligence claims.
What is classed as police negligence?
Incidences of police negligence might involve failure to investigate a crime properly, death in custody, or failure to follow procedures.
What constitutes gross misconduct in the police?
Gross misconduct is defined as 'a breach of the police standards of professional behaviour ( PSPB )' that is so serious as to justify dismissal'. Misconduct hearings form part of the disciplinary process and are not criminal proceedings.
How do I sue the Chicago Police Department?
You may call us at (312) 743-COPA, write to us at 1615 W. Chicago Avenue, 4th Floor, Chicago, IL, 60622, or come into our offices Monday-Friday between the hours of 9:00 a.m. and 7:00 p.m. All people deserve to be treated with dignity and respect.
Are police officer personally liable?
Law enforcement officers face many stressful situations inherent in their profession, including the threat of being sued and held personally liable for monetary damages because of their actions.
How much money did Eric Garner's family receive?
Eric Garner's family is reportedly slated to receive almost $4 million in payments from the city of New York, according to the Garner family's lawyer's new claims from the case.
Can you sue the police for loss of earnings?
Loss of earnings – You are able to claim for any loss of earnings that you have lost as a direct result of Police misconduct, as well as loss of any future income.
Does the blue wall of silence exist?
Some police officers openly engage in unethical, immoral, and even illegal behavior, but they are often protected by what is known as the blue wall of silence—an unofficial agreement between law enforcement not to challenge each other's misconduct.
How many lawsuits are against LAPD?
Since 2002, the city of Los Angeles has paid nearly 1,000 settlements and judgements to resolve lawsuits against the LAPD. The majority are in civil rights cases, but a significant portion stem from traffic collisions involving police officers. Below are all payouts made from the beginning of 2002 through Oct.
How much did Chicago spend on police misconduct?
Chicago spent more than $113 million on police misconduct lawsuits in 2018.
Is the amount of police misconduct paid out last year down?
As these high-profile cases show, lawsuits can take years to work their way through the court system, so the large sum paid out last year is not necessarily indicative of an increase in police misconduct. In fact, the number of police misconduct cases paid out was down slightly from the previous years.
How much did Chicago spend on police cases?
At least 11 times, the city spent $2 million or more on lawyers and expenses, then at least $5 million to resolve the case.
What is Chicago's problem with civil rights lawsuits?
Chicago’s problem with civil rights lawsuits stems from the Police Department’s history of error, misconduct and abuse. Those shortcomings have resulted in the department operating under a consent decree overseen by a federal judge with broad power to force changes to the way police treat people.
How long was James Kluppelberg in jail?
James Kluppelberg, at the home of his son in Crown Point, Indiana, in 2013. Kluppelberg was released from prison after almost 25 years behind bars. (Zbigniew Bzdak / Chicago Tribune) Lawyers from Jones Day and the Sotos Law Firm billed the city for nearly 20,800 hours over five years, collecting more than $6 million.
How long was Nicole Harris in jail?
She spent about eight years in prison before a federal appeals court overturned her murder conviction in 2013.
How much more expensive is hiring an outside counsel?
Mark Flessner, corporation counsel for the city of Chicago, says he believes hiring outside counsel is four to five times more expensive per hour than using in-house lawyers. (Camille Fine / Chicago Tribune)
Who is the former detective in Chicago?
Former Detective Reynaldo Guevara covers his face as he leaves the Dirksen U.S. Courthouse in Chicago in 2018. (Chris Sweda / Chicago Tribune)
When was the Stop and Frisk lawsuit filed?
This lawsuit was filed in 2015 by plaintiffs alleging that their rights were violated by the department's stop-and-frisk tactics. The case is pending.
How much did Chicago pay for police misconduct?
Over the past decade, Chicago has paid more than a half billion dollars for police misconduct, according to an analysis of city law department data. Rivera's attorney, Locke Bowman is the head of the MacArthur Justice Center at Northwestern Law School.
Why do activists want to tie police misconduct costs to police budgets?
Activists argue tying police misconduct costs to police budgets could help prevent police wrongdoing. They also want police officers, especially repeat offenders, to be financially accountable. Currently so-called qualified immunity rules shield officers from those costs. That's changed in Colorado. State Representative Leslie Herod was the force between the state's decision to drop its qualified immunity provision. A new law requires officers guilty of wrongdoing to pay up to 5% of a judgement or $25,000 - whichever is less.
How much did the Chicago jury award to Jacques Rivera?
In Chicago, several groups work to resolve cases of people who've been wrongfully convicted. Two years ago, a federal jury awarded $17 million to Jacques Rivera — in what's considered one of the largest police misconduct settlements in the city's history.
How much did Michael Brown's family get paid?
In Chicago, the city agreed to pay the family of LaQuan McDonald $5 million.
What is the new law in Colorado for officers guilty of wrongdoing?
A new law requires officers guilty of wrongdoing to pay up to 5% of a judgement or $25,000 - whichever is less.
Can police officers purchase liability insurance?
The law also allows officers to purchase liability insurance. Other jurisdictions looking to reduce police-related lawsuits may follow that hybrid model of splitting settlement costs between cities and individual officers. That's all with the hope that such an arrangement will help put a stop to police behavior that leads to settlements in the first place.
Do insurance policies pay for judgments?
Insurance policies and city and county budgets usually pay for judgments and claims. Jurisdictions hurting for cash may borrow money and issue bonds to spread out payments. Add bank fees, plus the interest paid to investors and the costs pile up with taxpayers footing the bill for police misconduct. As COVID-19 devastates budgets nationwide, that could be a more frequent scenario.
How much was Smith v Alaniz settlement?
In the original release of this Report, the settlement amount of $5.25 million in the case of Smith v. Alaniz , Case No. 14CV4359, was listed in error. The correct amount of the settlement was $295,000. This revised Report reflects the corrected settlement amount in Appendix A, the updated calculations in Tables 1, 2, 3 and 4, and modifications in the corresponding text in Sections III(B), III(D), and IV. Footnote 6 was edited to provide clarity regarding punitive damage awards and Footnote 9 was revised to further explain the number of administrative investigations reported. The footnotes were also adjusted and renumbered to correspond to the revised text in the body of the Report. Table 2 was revised by removing both the highest and lowest jury awards to compare the data without these outliers. Finally, the tables and figures were enlarged for better readability.
How many jury awards are there in a traffic collision case?
3 The six jury awards include a post-verdict settlement in a vehicle pursuit-related traffic collision case where the jury originally returned a verdict awarding damages to the plaintiffs.
What is a sworn affidavit required for a CPD?
Act (50 ILCS 725/3.8(b)), applicable collective bargaining agreements, and CPD Directives, in order for COPA or BIA to proceed with an investigation of a CPD member, the complainant generally must provide a sworn affidavit which certifies that the allegations made are true and correct. Both COPA and BIA are required to make a good faith effort to obtain a sworn affidavit from a civilian complainant including in cases where a complainant has filed a lawsuit against the City. In certain circumstances COPA or BIA may investigate cases lacking an affidavit by obtaining an “affidavit override” or under an exception to the affidavit requirement. When COPA or BIA completes an administrative investigation of an incident, such as an officer-involved shooting or an allegation of misconduct, the agency is permitted to make certain “findings.” In cases involving a use of force, the agency will conclude that the incident was “in policy” where there is clear and convincing evidence showing that the officer’s conduct was objectively reasonable based on the totality of the circumstances, and therefore, within Department policy. In cases where there are allegations of misconduct, the investigating agency may find that the allegations are sustained, not sustained, exonerated, or unfounded. Allegations are sustained against an officer when they are supported by sufficient evidence to justify disciplinary action. Allegations are not sustained when they are not supported by sufficient evidence that could be used to prove or disprove the allegation. The subject of an investigation is exonerated when the actions taken by the officer were deemed reasonable based on a totality of the circumstances or were otherwise lawful. Finally, allegations are unfounded when they are either not based on the facts as revealed through the investigation or the reported incident did not occur. When cases are closed without any findings, the agencies use the following designations:
How are administrative investigations initiated?
Administrative investigations of CPD members are initiated either through a complaint submitted by a member of the public or by CPD notifying COPA of a critical incident within its jurisdiction. In cases where the complaint was submitted by a member of the public, certain procedures apply. For example,
What does the green disposition mean in the city?
The dispositions in green represent cases in which the City paid plaintiffs in settlements or juries awards. The dispositions in blue represent cases that the City won.
What is the DOL's torts division?
The DOL’s Torts Division handles a variety of civil lawsuits which allege that the City caused physical injury, wrongful death, or financial harm to the plaintiffs.
What is the purpose of paragraph 548(f) of the Consent Decree?
Paragraph 548(f) of the Consent Decree requires the City to report the status of administrative investigations conducted by the Civilian Oce of Police Accountability (COPA), CPD’s Bureau of Internal Affairs (BIA), or the City’s Oce of the Inspector General (OIG), of any ocers named as defendants in any of the lawsuits.81 The status includes whether any charges were sustained or not sustained against an ocer, whether the allegations were unfounded, or whether the ocer was exonerated.
How much did Cleveland pay for police misconduct?
But five years later, Cleveland has paid more money in police misconduct settlements than in the five years before Rice was killed. In 2017, according to public records obtained by FiveThirtyEight and The Marshall Project, the city paid $7.9 million (including $3 million for half of the payment to the Rice family). In 2019, it paid $6 million.
What percentage of civil rights cases were paid out in Cincinnati?
Some cities reported paying out much more of their total for civil rights claims than others. In Cincinnati, civil rights cases made up 37 percent of the total. In Charleston, South Carolina, they were only 10 percent.
Why are successful settlements important?
Successful settlements are also a helpful source of information for places that are serious about police reform. If cities and police departments want to cut down on misconduct and spend less taxpayer money, they need to know how much they’re paying for police abuse, and what kinds of incidents are most frequent and most expensive.
What is the problem with police reform?
But the piecemeal nature of the data we received points back to a problem that is one of the central challenges of police reform: Police violence is a national issue that is almost entirely determined by local decision-making. Unless at least some of the 18,000 police departments in the country start recording police settlements in a similar way, the payouts will largely continue to be a black box.
How can cities improve their record keeping?
Some cities are starting to take steps to improve record-keeping and transpare ncy. Chicago, for example, recently began publishing reports on litigation involving the police department, including information about how many lawsuits were filed and paid out. That reporting—which was required as part of a court-supervised consent decree with the state—contains more detailed categories than many of the cities we looked at, including details like how many cases involved allegations of excessive force. Going forward, that’s the kind of specificity that would make a meaningful analysis possible, particularly if multiple cities were tracking and reporting their data in the same way over a sustained period of time.
What was the only form of justice the grieving family was likely to receive?
It was one of the only forms of justice the grieving family was likely to receive. 1. A grand jury had already opted not to charge the officers involved, so the city’s decision to settle the family’s wrongful death lawsuit for such a large amount of money was all the more significant.
Do police officers face criminal charges?
But despite increased attention, it’s still rare for police officers to face criminal prosecution. That leaves civil lawsuits as victims’ primary route for seeking legal redress and financial compensation when a police encounter goes wrong. The resulting settlements can be expensive for the city, which is generally on the hook for the payouts (meaning ultimately, most are subsidized by taxpayers), and those costs can encourage cities to make broader changes.
