For the first time, a federal judge has ruled former Mayor Richard M. Daley can be sued as a defendant for his alleged role in what plaintiffs claim is a citywide conspiracy to cover up police torture. And Daley could be deposed by lawyers representing alleged victims, all African American, who charge their abuse came at the hands of a small band of predominantly white police officers under the command of former Chicago Police Cmdr. Jon Burge. The Burge case has already cost Chicago taxpayers more than $43 million in settlements and outside legal fees. Burge is in federal prison.
Though Daley was questioned under oath by a court-appointed special prosecutor in 2006, it was widely criticized as an overly solicitous interview. This would likely be a more adversarial exchange. A July ruling by U.S. District Court Judge Rebecca Pallmeyer is paving the way for civil rights attorney Flint Taylor to depose Daley. “He’s never been deposed in any of these cases,†said Taylor, who has represented many of those who say they were routinely and savagely abused. “He’s never been sat down and questioned for seven hours about his involvement. He’s always managed to avoid that.†Daley and his city-hired attorneys have received notice to appear for a deposition on Sept. 8.
Burge was convicted last summer of perjury and obstruction of justice for lying in a civil court case when asked if he knew of the torture. He is serving a four-and-a-half year sentence in federal prison. The alleged cover-up dates back to the mid 1970s.
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In his role as Cook County state’s attorney, Daley has prosecutorial immunity from lawsuits. It is under the scope of his tenure as mayor that, according to Pallmeyer’s ruling, he is now listed as a defendant.
http://www.suntimes.com/news/marin/6975166-417/judge-former-mayor-daley-can-be-sued-as-defendant-in-burge-case.html
