My attorney Matt Topic and I discuss our court case against the city for a WGN news crew Oct. 28. Thanks to Andy Thayer for the photo.
Just wanted to make you aware that our case against the city continues. We brought a civil suit against the police department (the city of Chicago, really) because they refuse to release a police-car video of teenager Laquan McDonald being shot dead by a police officer last october. Several other officers watched as one officer shot McDonald 16 times. The officer who fired remains employed by the police department on desk duty, CPD says.
WGN-TV covered our suit last week. I should have something out soon about what we’re arguing versus what the city is arguing. It should be an important case for Freedom of Information law when it deals with law enforcement.
The city is asking for the ability to withhold the video because they are “cooperating” in an “active investigation” into the matter. But they’re hardly cooperating in any meaningful way; they’re just fulfilling their legal obligations. In fact, they shouldn’t be able to investigate themselves–that’s the purpose of the so-called “Independent Police Review Authority.”
FOIA case law also holds that the body denying the public release of material has to prove that said active investigation (if you can call a 12-month process active) would be harmed by the release of that material. If you can’t prove that, you don’t get to withhold the material. And the city’s lawyer told the judge in court this week that he has yet presented no such proof.