On Aug. 29, 2017, the State of Illinois filed suit in federal court against the City of Chicago, alleging that the Chicago Police Department’s use-of-force policies and practices violate the federal Constitution and Illinois law. Two days later, the parties moved to stay these proceedings while they negotiated the consent decree.
Almost immediately after the State filed the complaint, the Fraternal Order of Police Lodge No. 7 publicly indicated its opposition to any consent decree, citing fears that the decree might impair its collective bargaining rights. For months, the Lodge monitored the ongoing negotiations and met informally with the State’s representatives. The Lodge waited until June 6, 2018 to file a motion to intervene in the lawsuit.
The U.S. District Court for the Northern District of Illinois denied the motion to intervene as being untimely. The reason given was that because the Lodge had to know from the beginning that a consent decree might impact its interests but delayed its motion for nearly a year, and because its allegations with prejudice were considered speculative, the court of appeals affirmed that order.