Judge: Chicago Mayor Daley can be sued over alleged torture by police

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BY CAROL MARIN AND DON MOSELEY The Chicago Sun-Times and NBC5 November 2,


For the second time in four months a federal court judge has ruled former Mayor Richard M. Daley can be sued in an ongoing legal battle over allegations of police torture.

U.S. District Court Judge Rebecca Pallmeyer on Wednesday denied a motion to reconsider her prior ruling, setting the stage for Daley to be deposed by attorneys representing men who claim they were tortured by a small band of Chicago Police officers in the 1970s and 1980s.

Attorneys for Daley, paid for by the city, appealed the judge’s July ruling only to be turned down in an 11-page motion filed Wednesday.

Attorneys for Daley had successfully fought an earlier deposition in anticipation of the judge’s ruling.

“We have patiently awaited this decision before proceeding to question Daley under oath at a deposition,” said plaintiff’s attorney G. Flint Taylor. “Now the path is clear, Daley has no legitimate grounds to object, so we will subpoena Daley for questioning in early December.”

Taylor represents Michael Tillman, who spent 23 years in prison for a murder in which he was later exonerated. In her July ruling, Judge Pallmeyer wrote that Daley could be listed as a defendant in the Tillman civil lawsuit. Among those named in the suit are Jon Burge, 63, a former police commander now in prison, as well as former officers under his command. The former mayor is also named.

As Cook County state’s attorney from 1980 to 1989, Daley is granted prosecutorial immunity. But as mayor, Pallmeyer ruled, Daley doesn’t have the same privilege.

The lawsuit charges that Daley was part of a conspiracy to cover up the torture allegations.



More at http://www.suntimes.com/8573430-417/judge-daley-can-be-sued-over-alleged-torture-by-police.html

I am very excited about this. mayor daley was Chicago's chief district attorney when the torture happened and he knew about it. I'm hoping this will hold up as it gets appealed.

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