In January 2017, the Department of Justice released a Report after investigating the Chicago Police Department and its in-house accountability agencies tasked with detecting and deterring police misconduct, concluding that there is reasonable cause to believe that the CPD routinely engages in unlawful patterns and practices in violation of the Fourth Amendment. Moreover, the DOJ found that attempts by the CPD’s agencies to hold officers accountable for misconduct have been frustrated by the “code of silence” and “pervasive cover-up culture” among CPD officers. As a result, the burden of deterring police misconduct has effectively fallen on the victims themselves. Yet the primary tools at those victims’ disposal, 42 U.S.C. §1983 and the Illinois common law intentional tort of malicious prosecution, have yet to translate into an effective system for detecting and deterring misconduct.
Ava B. Gehringer,
Crediting the Incredible: How the Seventh Circuit Uses Procedure to Mask Its Improper Perfunctory Grant of Deference to Chicago’s Law Enforcement Officers,
Seventh Circuit Rev.
Available at: https://scholarship.kentlaw.iit.edu/seventhcircuitreview/vol13/iss1/2