City Gave Officers' Personal Info To Gang Leader, So They're Suing
Aurora, IL
   
 
More Today's News:
ߦ   IN MEMORIAM - Gregory Mark Hayes, Sr.
ߦ   Bizarre details revealed about driver accused of causing devastating crash on Grand Parkway in NW Harris Co.
ߦ   Couple Sentenced for International Kidnapping of Grandson
ߦ   Deputy Taze's Suspect During Arrest
ߦ   DPS Releases Texas Gang Threat Assessment
ߦ   Galveston College receives go-ahead to offer bachelor’s degrees
ߦ   Man sentenced to 25 years for stabbing stranger 140 times
ߦ   Texas A&M pledge's death ruled accident due to seizures after snorting Adderall
ߦ   Thirty-Six Defendants Guilty for Their Roles in International Thai Sex Trafficking Organization
ߦ   Coast Guard medevacs mariner 35 miles offshore Galveston
ߦ   Joint Sting By Constables, TABC
ߦ   Man gets 15 years for fatal drunk-driving crash
ߦ   Man Jailed For Assaulting 13-Year Old Child
ߦ   Sheriff Deputies Catch Felony Theft Suspects
ߦ   Sheriff Searching for Robbery Suspects
ߦ   Woman Arrested For Assaulting Deputy
ߦ   30 Year Sentence For Intoxicated Manslaughter
ߦ   Burnet County Sheriff's Office - Inmate/Arrests Summary
ߦ   Coast Guard medevacs cruise ship passenger 58 miles offshore Galveston
ߦ   Constables Arrests Fleeing Felon
ߦ   DPS Welcomes 92 New Highway Patrol Troopers
ߦ   Former Judge Sentenced to Prison for Federal Obstruction and Theft Charges
ߦ   Four Red River County Men Indicted for Conspiring to Distribute Methamphetamine
ߦ   Operation Grinch Pinch
ߦ   Paris Police Dept - Daily Activity Summary
ߦ   Traffic Fatality on Brushy Creek Road
ߦ   Constables Arrests Man For Evading Arrest In Vehicle
ߦ   Galveston College Community Chorale sets holiday concert
ߦ   ViCAP Links Murders to Prolific Serial Killer
ߦ   K9 Teams - Beyond the Basics of Search and Rescue and Recovery
ߦ   HIRING POLICE OFFICER - La Marque Police Dept.
ߦ   As Crowd Of By-Standers Shoot Video Of Officer Being Attacked; Good Samaritan Stops To Help
ߦ   Ballistic vests, constable cameras part of county law enforcement upgrades
ߦ   Injured Fayette Co. deputy strong, defiant as he recalls being shot on duty
ߦ   MOST WANTED - Galveston County Sheriff

   Next >>
 
Search Archives:



A federal judge refused to throw out a lawsuit by seven officers whose personal information was sent to a prisoner.

Aurora, IL – A federal judge has declined to throw out a lawsuit by seven police officers whose personal information was sent to inmates in response to Freedom of Information Act (FOIA) requests.

The officers filed suit in July of 2017 after they learned that the city of Aurora’s records manager had sent their addresses, phone numbers, names of family members, Social Security numbers, and other personnel records to convicted felons serving time, WGN-TV reported.

Jesse Alvarez, a gang leader sentenced to 88 years behind bars at Menard Correctional Center for attempted murder, sent a handwritten FOIA request to the city for the personnel records of six police officers who had helped to convict him, the Chicago Tribune reported.

The city, under the supervision of then-records manager Jo Ann Osberg, sent largely unredacted personnel files of the officers to the inmate at the prison in October of 2015.

Alvarez was convicted of shooting and trying to kill a rival gang member, the Chicago Tribune reported.

An audit of the city’s FOIA files in March of 2017 exposed the fact that the city had also sent unredacted personnel records of another officer, now retired, to another felon.

The seven affected officers filed a lawsuit against Osberg and the city of Aurora, claiming that the city’s actions had put them and their families in danger.

The city and the former city records manager filed a motion to dismiss the lawsuit, and argued that Osberg was entitled to qualified immunity because the mistake had been made under the auspices of doing her job.

The city tried to argue that releasing the files only created a “potential” danger for the police officers and their families,

However, District Judge Sara L. Ellis disagreed and said the officers had met their burden of proof for pleading their case under theories including state-created danger, the Chicago Tribune reported.

Ellis said the government can be held liable in circumstances when their actions create a danger, WGN reported. She also said Osberg was not entitled to qualified immunity.

The city argued that releasing officer files only posed a potential danger, but the judge said the danger is "actual."

The judge said it's plausible the city provided a convicted felon information he could use to seek revenge on the officers, according to the Chicago Tribune.

"Defendants perhaps confuse 'danger' with whether the private actor needs to actually commit harm to the plaintiffs for a state-created danger theory to apply," Ellis wrote. "If the government throws an individual into a snake pit, and the individual is not harmed by the snakes, but hurts himself escaping the pit, the government has still placed the individual in danger that has caused the individual harm."

Ellis told both parties to finish up discovery in the case by June 1, set a new status hearing date of May 29, and referred them to a magistrate for a settlement conference prior to the hearing, the Chicago Tribune reported.



Comments:
Another ploy by these convicts to absolutely endanger the lives of these officers and their families! The law needs needs to changed-period!
Posted by Big Al at 3/7/2018 10:08:20 PM

It's difficult for me to believe someone would be so stupid as to do something like this.
Alvarez is a member of the Latin Kings. The officers and their family members are screwed.
Posted by Nick Elodeon at 3/8/2018 2:01:53 AM

Post a comment
Name/Nickname:
(required)
Email Address: (must be a valid address)
(will not be published or shared)
Comments: (plain text only)
Printer Friendly Format  Printer Friendly Format    Send to a Friend  Send to a Friend    RSS Feed  RSS Feed
  Facebook   Share link on Twitter Tweet   Shared 1 times
© 1999-2018 The Police News. All rights reserved.