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City Services

June 12, 2017

Police Board Rules on Motions to Stay Van Dyke et al. Disciplinary Cases

The Chicago Police Board has granted motions to stay the disciplinary cases brought against Police Officer Jason Van Dyke and four other officers in connection with the fatal shooting of Laquan McDonald, pending the outcome of the criminal proceedings.

As explained in its Memorandum and Order, the Board has ordered these cases stayed because going ahead with the disciplinary cases against these officers at this time without regard to the pending criminal proceedings will prejudice and potentially jeopardize the criminal proceedings and the officers’ constitutional rights.  

In light of its order to stay the disciplinary cases, the Board has vacated its approval of suspending without pay four of the officers while their disciplinary cases are pending (this order does not apply to Officer Van Dyke). Continuing the four officers’ suspensions without pay for an indefinite duration may violate the officers’ constitutional rights to a reasonably prompt hearing and may be used as grounds to dismiss their disciplinary cases altogether. The Board believes that the entire City of Chicago is best served by having the disciplinary cases decided on their merits (one way or the other) rather than on technical grounds related to due process.

The granting of the motions does not bear upon whether the officers are guilty or innocent of the charges brought against them, or upon whether it is proper to discharge them from the Chicago Police Department. The disciplinary cases against all five officers will remain on the Board’s docket, and the Board stands ready to hear these cases once doing so will no longer prejudice or potentially jeopardize any criminal case or constitutional right.