A recent lawsuit filed by the union representing Chicago police officers against the city’s police oversight agency, COPA, has been dismissed by a federal judge. The lawsuit alleged that COPA’s investigations were flawed and violated the officers’ due process and equal treatment rights. However, U.S. District Judge Jorge Alonso ruled that the officers do not have a constitutional right to a fair and impartial investigation.
Judge Alonso pointed out that the officers did not suffer any employment consequences as a result of COPA’s investigations. In fact, most of the officers either successfully challenged COPA’s recommended suspensions through arbitration or are still awaiting arbitration decisions. The judge cited previous case law to support his decision, stating that employees do not have a protected property interest in a certain type of employment investigation.
The lawsuit included disciplinary cases against eight Chicago police officers, but Judge Alonso noted that arbitrators had already overturned four of the recommended suspensions. As a result, those four officers did not suffer any harm. Another officer had their suspension reduced to a reprimand through arbitration, and the remaining three cases are still pending arbitration.
In his ruling, Judge Alonso emphasized that the officers were not deprived of continued employment, as none of the suspensions had gone into effect. He dismissed the due process claim based on the theory of continued employment, stating that the mere risk of deprivation of a property interest does not constitute deprivation.
Although the lawsuit was dismissed without prejudice, allowing the defendants to pursue the matter again, it is clear that the officers did not have a constitutional right to a fair and unbiased investigation. This decision by Judge Alonso highlights the importance of following proper procedures and respecting the rights of all parties involved in police disciplinary cases.
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