Judge Lefkow Grants Motion To Unseal Documents In Diane Bond Case

In a memorandum opinion and order dated July 2, 2007, Northern District of Illinois Judge Joan Humphrey Lefkow has granted a motion seeking to strike the confidential designation of documents produced during discovery by the the City of Chicago in a suit brought by Diane Bond. The motion was brought by Jamie Kalven, a self-described writer and journalist. In granting the motion, Judge Lefkow stated: "Court related documents, even those not part of the judicial record, are presumed to be accessible to the public. The documents at issue in this case involve allegations of police misconduct, including the harassment and abuse of public housing residents, a particularly vulnerable group of citizens, and thus touch upon matters of grave public concern. The privacy interests of the defendant officers are diminished because of their status as public officials, and those interests that remain are served by the redaction of certain information from the requested documents. Balancing these interests, good cause no longer exists for shielding the requested materials from public inspection." (Mem. Op. at p. 8).

Judge Lefkow's Motion In Limine Rulings In Cornelius Ware v. City of Chicago

A February 12, 2007 post on this blog reports on the City's $5 million plus settlement with the family of Cornelius Ware. Below is a summary of Judge Lefkow's motion in limine rulings in the case: (1) Plaintiff's motion in limine to bifurcate liability and damages at trial - GRANTED. (2) Plaintiff's motion in limine to bar certain references to facts not known at the time of the shooting - GRANTED. (3) Plaintiff's motion in limine to exclude certain expert opinions of Vincent DiMaio - GRANTED. (4) Plaintiff's motion in limine to bar any reference to the fact that Cornelius Ware was previously the victim of gun violence - GRANTED. (5) Plaintiff's motion in limine to bar the medical examiner from providing undisclosed opinion testimony - GRANTED. (6)(7) Plaintiff's motion in limine to bar any references to tatoos on Cornelius Ware's body and Plaintiff's motion in limine to bar references to any allegations that plaintiff or any other witness was ever in a gang - GRANTED. (8) Plaintiff's motion in limine to bar references to certain irrelevant subjects: (A) plaintiff's prior attorneys - GRANTED; (B) accidental shooting - EXCLUDED until further order of the court; (C) purported shootings in nearby park - GRANTED. (9) Plaintiff's motion in limine to bar undisclosed witnesses from testifying at trial - GRANTED. (10) Plaintiff's motion in limine to bar references to Cook County Adult Probation Department "Investigative Report" - GRANTED. (11) Plaintiff's motion in limine to bar references to IDOC records - GRANTED. (12) Plaintiff's motion in limine to bar references to Cornelius Ware's prior arrests and conviction - GRANTED in part and DENIED in part. (1) Defendants' motion to bar medical examiner's death certificate and use of the term "homicide" - GRANTED. (2) Defendants' motion to bar evidence of violation of Chicago Police Department Orders, Rules and Regulations - DENIED. (3) Defendants' motion to bar evidence of prior lawsuit and/or citizen complaints against defendants and any non-defendant police witnesses - GRANTED. (4) Defendants' motion to bar testimony or evidence suggesting that the defendants may be indemnified for compensatory damages - Ruling is RESERVED. (5) Defendants' motion to bar Fraternal Order of Police Disclaimer in Official Reports - DENIED. (6) Defendants' motion to bar evidence or argument suggesting a "code of silence" among police officers - Ruling is RESERVED. (7) Defendants' motion to bar evidence and argument regarding other events concerning allegations of police misconduct - GRANTED. (8) Defendants' motion to bar evidence and argument regarding Monell Claims - GRANTED. (9) Defendants' motion to bar evidence and argument that plaintiff has independent claims for relief or damages - GRANTED. (10) Defendants' motion to exclude witnesses - GRANTED in part and DENIED in part.