By Frank Main and Stefano Esposito
Chicago Sun-Times
CHICAGO — Bring it on!
That’s what police Supt. Jody Weis is telling lawyers who sue his officers.
Weis has asked the city to become more aggressive in fighting lawsuits he views as “meritless” by going to trial instead of settling them.
Last month, Weis notified Chief U.S. District Judge James F. Holderman of the change in strategy.
“I have asked the Department of Law to litigate those cases which would have been settled [as] a matter of financial concern,” Weis told the judge in a letter obtained by the Sun-Times.
Weis told the chief judge he realizes his decision may bring increased litigation. But he added that “if plaintiffs know their complaint will in fact be litigated, more focus and concern will be given to the factual validity of the complaints signed.”
Attorney Jeffrey Granich, who represents clients who claim they have been victims of police abuse, said of Weis’ strategy: “They are making decisions that are going to cost the city millions of dollars.”
Granich said Weis isn’t addressing the underlying problem of officer abuse.
But the city’s Law Department is moving forward with the new strategy.
“We have seen an increase in the number of small-value lawsuits being filed” against the police, said department spokeswoman Jennifer Hoyle, who defined such cases as those that seek less than $100,000.
In the past, city attorneys might settle such a lawsuit for $2,000 if they thought it might cost $10,000 to defend against it, Hoyle said.
“We believe that taking a more aggressive approach in these cases will lead to a decrease in the number of lawsuits being filed,” she said.
The department is farming out such “lesser” lawsuits against the police to outside counsel who will receive a flat fee, instead of an hourly fee. That will reduce the cost of defending the cases, Hoyle said.
A Sun-Times analysis of lawsuits filed against the Police Department found about 275 settlements were paid out for the first six months of 2009 for a total of nearly $22 million.
Nearly half of those settlements involved a payout of less than $5,000. And about 85 percent were for less than $50,000.
Over the same period, the city paid about $1.65 million after verdicts in nine other cases that went to trial.
In his letter, Weis said officers have approached him about the high number of lawsuits against the department that result in settlements.
Officers have continued “to raise concerns that their reputation is being tarnished, they are not allowed to clear their names, and, that criminal defendants are using civil litigation to either assist their criminal defense or to intimidate the officers from conducting lawful enforcement activity,” Weis wrote.
Copyright 2009 Chicago Sun-Times