Police Abuse Complaints By Black Chicagoans Dismissed Nearly 99 Percent Of The Time

Investigators Rarely Sustain Allegations Of Any Kind

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Long before Chicago police Officer Jason Van Dyke shot and killed a black teenager, sparking a public outcry and now a Justice Department probe into the city’s troubled police department, he had established a track record as one of Chicago’s most complained-about cops.

Since 2001, civilians have lodged 20 complaints against Van Dyke. None were sustained by investigators.

While it may seem surprising that so many complaints against one officer would be tossed out, a Huffington Post analysis of four years of city data released by the Invisible Institute, a nonprofit journalism organization, reveals that there are more than 180 city police officers with more complaints than Van Dyke who weren’t disciplined at all over that time. Most of those complaints were made by black residents, whose allegations of police misconduct are dismissed at nearly four times the rate of complaints filed by whites, HuffPost found.

All police misconduct complaints in Chicago, 2011-2015 Complaints made by black Chicagoans Sustained complaints by black Chicagoans Darker circles indicate more incidents occurred in a location Where 17-year-old Laquan McDonald was killed by Van Dyke last year

All police misconduct complaints in Chicago, 2011-2015 Darker circles indicate more incidents ocurred in a location Where 17-year-old Laquan McDonald was killed by Van Dyke last year Complaints made by black Chicagoans Sustained complaints by black Chicagoans

Sources: Invisible Institute, City of Chicago, Census Bureau, CNN

Of 10,500 complaints filed by black people between 2011 and 2015, just 166 — or 1.6 percent — were sustained or led to discipline after an internal investigation. Overall, the authority sustained just 2.6 percent of all 29,000 complaints. Nationally, between 6 and 20 percent of citizen-initiated complaints are sustained, said Lou Reiter, a police consultant who trains internal affairs investigators. As HuffPost’s Ryan Reilly noted earlier this year, a lack of transparency and accountability within police departments is a phenomenon hardly limited to Chicago.

The Chicago data examined by HuffPost is incomplete: Race was not disclosed on about 40 percent of complaints.

Allegation outcome by race White Black Other/unknown 17% 66% Most unsustained allegations had black complainants. Most sustained allegations had white complainants. 7,760 not sustained allegations 59% 20% 234 sustained allegations 57% 28% 436 disciplined allegations 0% 100%

Allegation outcome by race White Black Other/unknown 7,760 not sustained allegations 16.5% 65.5% 234 sustained allegations 58.5% 19.6% 436 disciplined allegations 0% 100% 57.3% 27.5% Most unsustained allegations had black complainants. Most sustained allegations had white complainants.

Source: Invisible Institute

It’s impossible to determine from the data whether individual complaints were dismissed for good reason, or whether investigators missed or failed to take into account evidence that would have resulted in more complaints being upheld. But many complaints dismissed by investigators later resulted in settlements after the accusers pursued lawsuits, according to a Chicago Tribune investigation. Between 2004 and 2014, the city paid out over $520 million in settlements, legal fees and other costs related to police misconduct, according to the Better Government Association.

Chicago agencies responsible for investigating allegations of police misconduct will initiate an investigation only if the complainant signs a sworn statement, or affidavit, as required by state law. Yet in many cases, complainants choose not to do so. One of the most common reasons a citizen might not sign is because their complaint alleges misconduct by an arresting officer. Lawyers often tell their clients not to sign affidavits because their statements can be used against them at trial, said Karen Sheley, senior staff counsel for the Illinois American Civil Liberties Union.

While Chicago isn’t alone in requiring a sworn statement before investigating complaints, a few police departments have moved to accept anonymously filed complaints. Some experts view affidavit requirements as an impediment to investigating misconduct. In Chicago during the four-year period examined by HuffPost, there were nearly 4,700 instances where a) an allegation lacked an affidavit and b) the race of the complainant was recorded. Within that group, two-thirds of the allegations were filed by African-Americans.

“You shouldn’t inhibit people from coming forward with information alleging misconduct,” Reiter said. “You shouldn’t put unnecessary hindrances or roadblocks in their way.”

Race is not a factor when judging the validity of complaints, an Independent Police Review Authority spokesman said. He said the agency does not consider a complaint as valid without an affidavit, and that if they are removed from the total, the sustained rate is much higher.

Sources: Invisible Institute, City of Chicago, Census Bureau

Most of the complaints in the period examined by HuffPost were filed in majority-black neighborhoods, which also tend to have higher crime rates than other areas of the city. Allegations against Chicago officers ranged from traffic violations to serious criminal misconduct like sexual assault and battery. Nearly half of the 9,000 officers accused of misconduct were white.

MORE BLACK RESIDENTS ROGERS PARK EDISON PARK WEST RIDGE FOREST GLEN NORWOOD PARK EDGEWATER NORTH PARK JEFFERSON PARK LINCOLN SQUARE OHARE UPTOWN IRVING PARK PORTAGE PARK NORTH CENTER LAKE VIEW DUNNING AVONDALE BELMONT CRAGIN MONTCLARE LINCOLN PARK LOGAN SQUARE MORE WHITE RESIDENTS NEAR NORTH SIDE WEST TOWN HUMBOLDT PARK AUSTIN GARFIELD PARK LOOP NEAR WEST SIDE White Black Other NORTH LAWNDALE NEAR SOUTH SIDE LOWER WEST SIDE Chicago resident race SOUTH LAWNDALE BRIDGE- PORT DOUGLAS OAKLAND GRAND BOULEVARD 32% 32% BRIGHTON PARK NEW CITY ARCHER HEIGHTS KENWOOD HYDE PARK GAGE PARK WASHINGTON PARK GARFIELD RIDGE Allegation complainant race WOODLAWN CLEARING ENGLEWOOD WEST LAWN CHICAGO LAWN GREATER GRAND CROSSING SOUTH SHORE 21% 61% AUBURN GRESHAM SOUTH CHICAGO ASHBURN CHATHAM Uniformed police and high-level officers CALUMET HEIGHTS WASHINGTON HEIGHTS PULLMAN BEVERLY EAST SIDE 53% 25% MOUNT GREENWOOD ROSELAND MORGAN PARK SOUTH DEERING Officers with complaints against them WEST PULLMAN RIVERDALE HEGEWISCH 44% 21% 0% 100%

MORE BLACK RESIDENTS MORE WHITE RESIDENTS White Black Other Chicago resident race 32% 32% Allegation complainant race 21% 61% Uniformed police and high-level officers 53% 25% Officers with complaints against them 44% 21% 0% 100%

Sources: Invisible Institute, City of Chicago, Census Bureau, CNN, Chicago Police Department

The recent release of video footage showing Van Dyke shooting and killing 17-year-old Laquan McDonald has focused new attention on long-simmering complaints by black Chicagoans about police brutality, and a system that does not allow them a real opportunity to seek justice.

The video appears to contradict statements by Van Dyke and other officers on the scene, who said that McDonald was threatening them with a knife. In fact, the video appears to show McDonald walking away from the officers when he was shot. The video was withheld by Chicago authorities for over a year, without adequate explanation.

Last week, Illinois Attorney General Lisa Madigan asked the U.S. Justice Department to investigate possible “systemic violations” by the cops, citing racial disparity in complaint dismissal rates. “Trust in the Chicago Police Department is broken, especially in communities of color in the City of Chicago,” she wrote.