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Lawyers: Mayor Emanuel is “not a policymaker for the city”

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Illinois

Since [Chicago Mayor Rahm Emanuel] admitted a code of silence existed in the Police Department in December there have been at least four attempts to depose the mayor as part of federal civil rights lawsuits alleging police misconduct, according to court papers and records obtained through the Freedom of Information Act.

Each case is different, but the reason those lawyers want to depose Emanuel is the same: to prove their client has a valid “Monell claim” in court that allows people to seek cash damages from the city for the actions of employees which, in these cases, are police officers.

To do that, civil rights attorneys must prove in court that city officials, including Emanuel, knew of the existence of a policy, custom or practice that effectively permitted the misconduct alleged in a civil rights lawsuit.

City Hall lawyers have actively fought to stop the boss from being forced to answer questions about the culture of lying to cover up misconduct in the Police Department. […]

In a federal case involving allegations that an intoxicated cop accidentally shot a boy in the head, city attorneys argued that Emanuel shouldn’t be deposed because the mayor is “not a policymaker for the city,” according to court papers.

You gotta be kidding me.

posted by Rich Miller
Friday, Oct 21, 16 @ 9:47 am

Comments

He’s simply a policy proposer.

Comment by PublicServant Friday, Oct 21, 16 @ 9:51 am
It’s the Chicago way! Control everything but be responsible for nothing.

Comment by Big Muddy Friday, Oct 21, 16 @ 9:55 am
Technically, the City Council sets policy and the mayor just implements it. But arguing that with a straight face in Chicago …

Comment by RNUG Friday, Oct 21, 16 @ 9:55 am
#shouldhavevotedChuey

Comment by Tiny Dancer Friday, Oct 21, 16 @ 9:56 am
As a taxpayer who is fed up with paying for police misconduct, I can say with a straight face that Mayor Emanuel does not make policy for city.

But if he ever decides to, the first place he should make policy is to cut loose the cops and make them get their own misconduct insurance.

Comment by 47th Ward Friday, Oct 21, 16 @ 10:01 am
This is a scam the p.i. lawyers use to pressure the city to settle. What does the Mayor have to do with the allegations in the case?

Comment by joke Friday, Oct 21, 16 @ 10:04 am
Remember this is the guy who had a couple boxes in the crawl space so he could claim he lived in Chicago to run for mayor.

Comment by Peorgie Tirebiter Friday, Oct 21, 16 @ 10:08 am
There’s some election oppo for someone to use. Kind of like the ads Hillary’s people use that just simply show Trump saying something.

Comment by Anonymous Friday, Oct 21, 16 @ 10:09 am
Every time I take the Skyway back from my Indiana cheap smokes, fireworks, pop, nudie bar and gambling trips I am greeted by a simple sign that states “Welcome to Chicago Mayor Rahm Emanuel”

This little dancing dog yips and gives a territorial tinkle from the moment your front wheels hit the border. This is MY town. And then when it gets difficult…I just work here.

See you in 2019 tough guy.

Comment by LizPhairTax Friday, Oct 21, 16 @ 10:11 am
Emanuel was a great fundraiser who was rewarded with government jobs to be a spin doctor.

Now he’s Mayor Spin Doctor, for his own self-aggrandizement. There’s nothing else there.

Comment by wordslinger Friday, Oct 21, 16 @ 10:12 am
Chuy would have destroyed Chicago. He would have instituted job killing business taxes in order to support his public employee union cronies.

Comment by Ron Friday, Oct 21, 16 @ 10:14 am
Territorial Tinkle could be a punk rock band name. Love it!

Comment by Blago's Hare Friday, Oct 21, 16 @ 10:15 am
=Chuy would have destroyed Chicago. He would have instituted job killing business taxes in order to support his public employee union cronies.=

Oh yeah, Chuy would have tanked the city’s credit rating, increased violence, eroded city confidence…oh wait that’s Mayor Gravitas. Never mind.

Comment by Carhartt Representative Friday, Oct 21, 16 @ 10:25 am
I believe it - the mayor is just a puppet. So is every politician in this state, except the two puppet masters. But is he a puppet of Madigan or Rauner?

Comment by Whatever Friday, Oct 21, 16 @ 10:27 am
Chuy is a public employee protector, tax raising promoter and a criminal coddler. His son is a gangbanger. Businesses would flee Chicago as Chuy raises all sorts of taxes to support his union cronies. He would be on the streets with BLM and enforce stricter ACLU oversight.

Chicago would be a disaster with Chuy.

Comment by Ron Friday, Oct 21, 16 @ 10:37 am
47th Ward- “…cut loose the cops and make them get their own misconduct insurance.”

Forcing police to pay for their own insurance would probably remove 90% of force claims overnight. It could be done by statute, if the good old boy downstate legislators don’t block it. In Chicago it could be accomplished simply by writing it in the police contract. Don’t like it, then quit.

What I find really interesting about this debate is that it’s an admission that the unelected police bureaucracy essentially sets policy, not the elected government of the people. Which in this case means the police decide who lives or dies. In what other job can you kill or hurt other citizens without any legal consequences?

Comment by Payback Friday, Oct 21, 16 @ 11:10 am
When the law is on your side, argue the law.

When the facts ore on your side, argue the facts.

When neither the law nor the facts are on your side, pound the table.

Comment by Harry Friday, Oct 21, 16 @ 11:40 am
Might as well check every pocket, if you’re looking for money.

Seriously, if Rahm and his police commissioner, could figure out a way to shake up the CPD culture, so that good cops are safe, and bad cops are gone, then they’d be Policy-Makers of the Year.

Comment by walker Friday, Oct 21, 16 @ 11:43 am
“There’s some election oppo for someone to use.”

Great point; I’m not sure “I don’t make policy” is a tag line any mayor would enjoy during election time.

Comment by liandro Friday, Oct 21, 16 @ 1:08 pm