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| Chicago sued for 'unconstitutional and torturous' Homan Square police abuse | Chicago sued for 'unconstitutional and torturous' Homan Square police abuse |
| (35 minutes later) | |
| Chicago police “physically and psychologically abused” three wrongfully imprisoned black men at Homan Square, according to a new lawsuit, which details an officer holding a knife to one man’s throat as two others underwent “violently invasive” strip searches and all were short-shackled without access to food, water, bathrooms, families or legal counsel. | Chicago police “physically and psychologically abused” three wrongfully imprisoned black men at Homan Square, according to a new lawsuit, which details an officer holding a knife to one man’s throat as two others underwent “violently invasive” strip searches and all were short-shackled without access to food, water, bathrooms, families or legal counsel. |
| The federal civil rights lawsuit, filed on Monday against six officers and the city of Chicago, alleges the use of “unconstitutionally coercive and torturous tactics” and connects the practices at Homan Square to a pattern of racially motivated policing. | |
| In the suit, the third since the Guardian began an investigation into the secretive police compound, Atheris Mann, Jessie Patrick and Deanda Wilson charge that they were coerced into providing false information through a series of physical, verbal and psychological assaults at the facility which their attorney said “does fit into torture under the United Nations definition”. | |
| These interrogation techniques included: | These interrogation techniques included: |
| The allegations are similar to those in two other federal lawsuits – of anal probes, shackling and coercion inside Homan Square – as well as Guardian interviews with 20 more people held at the warehouse on Chicago’s west side. But they represent the first legal challenge to the “unconstitutional detention center” that condemns “interrelated” citywide police coercion beginning at Homan Square and maintained by a “code of silence” and “cover-up”. | The allegations are similar to those in two other federal lawsuits – of anal probes, shackling and coercion inside Homan Square – as well as Guardian interviews with 20 more people held at the warehouse on Chicago’s west side. But they represent the first legal challenge to the “unconstitutional detention center” that condemns “interrelated” citywide police coercion beginning at Homan Square and maintained by a “code of silence” and “cover-up”. |
| “The unconstitutional conduct,” the suit reads, “was a part of longstanding, widespread and interrelated Chicago Police Department patterns and practices, including several that were an integral part of the detention, interrogational, and intelligence gathering practices employed at Homan Square.” | “The unconstitutional conduct,” the suit reads, “was a part of longstanding, widespread and interrelated Chicago Police Department patterns and practices, including several that were an integral part of the detention, interrogational, and intelligence gathering practices employed at Homan Square.” |
| The new case began hours after the Guardian published an analysis of 7,185 arrest records it compelled the city to reveal in court, finding 5,906 were of black people taken to Homan Square over nearly 11 years – 82% of all arrests, compared with 33% of the city’s population – and only 68 were allowed lawyer visits. | |
| A Chicago police spokesman did not immediately respond to a request for comment, but the department has referred other outlets responding to the Guardian’s reporting on Homan Square to a “fact sheet” which claims: “The allegation that physical violence is a part of interviews with suspects is unequivocally false, it is offensive, and it is not supported by any facts whatsoever.” | A Chicago police spokesman did not immediately respond to a request for comment, but the department has referred other outlets responding to the Guardian’s reporting on Homan Square to a “fact sheet” which claims: “The allegation that physical violence is a part of interviews with suspects is unequivocally false, it is offensive, and it is not supported by any facts whatsoever.” |
| Patrick, recalling a naked cavity probe while his mother and girlfriend frantically looked for him, told the Guardian a different story: “I never want to go through it again,” said the 25-year-old, who was acquitted along with the two other men in January after they spent 15 months in jail. | Patrick, recalling a naked cavity probe while his mother and girlfriend frantically looked for him, told the Guardian a different story: “I never want to go through it again,” said the 25-year-old, who was acquitted along with the two other men in January after they spent 15 months in jail. |
| Shackling and ‘violently invasive’ cavity searches | Shackling and ‘violently invasive’ cavity searches |
| On the morning of 21 October 2013, LaTonia Wilson was pulling out of her mechanic’s garage with her husband, Atheris Mann; her eldest son, Jessie Patrick; and their two-year-old son Marquise. They were on the way to Dunkin’ Donuts when, she recalls, a Chicago police officer cut off the family and yelled: “Get your black ass out the car!” | |
| Related: Homan Square revealed: how Chicago police 'disappeared' 7,000 people | Related: Homan Square revealed: how Chicago police 'disappeared' 7,000 people |
| “What am I being locked up for?” Mann says he asked during a sidewalk pat-down. | “What am I being locked up for?” Mann says he asked during a sidewalk pat-down. |
| According to the lawsuit, the officers had no probable cause or reasonable suspicion to arrest Mann and Patrick, but they did anyway – without telling them why. They were placed in a squad car with a man who had been arrested for heroin possession. | According to the lawsuit, the officers had no probable cause or reasonable suspicion to arrest Mann and Patrick, but they did anyway – without telling them why. They were placed in a squad car with a man who had been arrested for heroin possession. |
| “The officer just told me he was taking them to a police station,” Wilson said, recalling the beginning of a hunt for her family, “and that one of them was going to jail.” | “The officer just told me he was taking them to a police station,” Wilson said, recalling the beginning of a hunt for her family, “and that one of them was going to jail.” |
| At Homan Square – which is not a police district station nor a jail, and does not generate public booking records during interrogation and detention, according to a recent deposition – the lawsuit states that Mann and Patrick were instructed to disrobe by a sergeant named Frank Ramaglia, then “subjected to a full strip search”. | At Homan Square – which is not a police district station nor a jail, and does not generate public booking records during interrogation and detention, according to a recent deposition – the lawsuit states that Mann and Patrick were instructed to disrobe by a sergeant named Frank Ramaglia, then “subjected to a full strip search”. |
| The lawsuit cites a “violently invasive” cavity scan (the men said “everything” was searched while they were fully undressed) and a threat of being “locked up” if the two failed to cooperate. Mann asked the sergeant if he could call his lawyer and Patrick asked if he could call his mother – so that she could call a lawyer – but their requests were ignored. | The lawsuit cites a “violently invasive” cavity scan (the men said “everything” was searched while they were fully undressed) and a threat of being “locked up” if the two failed to cooperate. Mann asked the sergeant if he could call his lawyer and Patrick asked if he could call his mother – so that she could call a lawyer – but their requests were ignored. |
| “They shackled us when they took us in,” Mann told the Guardian. “They handcuff you to a bench and one hand is cuffed to a rod on the wall.” | “They shackled us when they took us in,” Mann told the Guardian. “They handcuff you to a bench and one hand is cuffed to a rod on the wall.” |
| He and his stepson were taken to separate windowless cells, handcuffed to the wall once more, and repeatedly encouraged to “help yourself”. | He and his stepson were taken to separate windowless cells, handcuffed to the wall once more, and repeatedly encouraged to “help yourself”. |
| When Mann repeatedly told the officers he had no information on a local drug dealer who “I have kids older than”, the suit says one of them grabbed him “by the collar with both hands and threatened his family”. | When Mann repeatedly told the officers he had no information on a local drug dealer who “I have kids older than”, the suit says one of them grabbed him “by the collar with both hands and threatened his family”. |
| Mann, 54, said the officer threatened to bring his wife to Homan Square: “I can make it hard and go back, get her and lock her black ass up and call DCFS on the baby,” he recalled the officer saying, referring to Chicago’s department of child and family services. | Mann, 54, said the officer threatened to bring his wife to Homan Square: “I can make it hard and go back, get her and lock her black ass up and call DCFS on the baby,” he recalled the officer saying, referring to Chicago’s department of child and family services. |
| I am going to make sure your kid will be grown before you see the street again | I am going to make sure your kid will be grown before you see the street again |
| “I am going to make sure your kid will be grown before you see the street again,” Mann recalls an officer saying. | “I am going to make sure your kid will be grown before you see the street again,” Mann recalls an officer saying. |
| Patrick, his stepson, faced similar racial slurs as officers asked him for the location of illegal guns because, as he recalled an officer saying, “you fuckers are making more money a day than I am”. | Patrick, his stepson, faced similar racial slurs as officers asked him for the location of illegal guns because, as he recalled an officer saying, “you fuckers are making more money a day than I am”. |
| After what the men approximate to be more than 12 hours in custody at Homan Square, they were transferred together to a nearby police precinct where they were booked, processed and allowed to make a phone call. | After what the men approximate to be more than 12 hours in custody at Homan Square, they were transferred together to a nearby police precinct where they were booked, processed and allowed to make a phone call. |
| ‘He did put a knife up to his neck, and it lingered’ | ‘He did put a knife up to his neck, and it lingered’ |
| A few hours after Mann and Patrick were arrested, Deanda Wilson was at a convenience store on the same block, buying a soda. | A few hours after Mann and Patrick were arrested, Deanda Wilson was at a convenience store on the same block, buying a soda. |
| Suddenly, an officer handcuffed him inside the store and began to frisk the 39-year-old. The officer found no contraband or weapons in his possession but still hauled him off to Homan Square. | Suddenly, an officer handcuffed him inside the store and began to frisk the 39-year-old. The officer found no contraband or weapons in his possession but still hauled him off to Homan Square. |
| According to the lawsuit, no sooner had the squad car pulled up to the warehouse than Sgt Ramaglia tried to plant narcotics on him. According to Wilson’s attorney, Shubra Ohri, the arresting officer stopped the sergeant in his tracks, saying a search had already been conducted and he “doesn’t have anything”. | |
| In a windowless cell at Homan Square, Wilson asked for a lawyer. He asked to use the bathroom. He got no response. | In a windowless cell at Homan Square, Wilson asked for a lawyer. He asked to use the bathroom. He got no response. |
| But Sgt Ramaglia did tell him, according to the lawsuit: “Give me something and I’ll let you go.” | |
| The young man said he had nothing to give, and repeated his request for an attorney, his right as granted by the US constitution. | The young man said he had nothing to give, and repeated his request for an attorney, his right as granted by the US constitution. |
| The sergeant then approached him and held a knife to his neck, according to the lawsuit. | The sergeant then approached him and held a knife to his neck, according to the lawsuit. |
| “I don’t know what kind of knife it was,” said longtime Chicago civil rights attorney Flint Taylor, who filed the lawsuit on behalf of the Wilson, who is currently serving jail time for a separate offense. “But he did put a knife up to his neck, and it lingered for a significant amount of time and then he eventually cut the strings of his sweater.” | “I don’t know what kind of knife it was,” said longtime Chicago civil rights attorney Flint Taylor, who filed the lawsuit on behalf of the Wilson, who is currently serving jail time for a separate offense. “But he did put a knife up to his neck, and it lingered for a significant amount of time and then he eventually cut the strings of his sweater.” |
| After another intimidating request by the sergeant to snitch was followed by another unanswered request from the young man to use the bathroom and yet another for legal counsel, his lawsuit states, Deanda Wilson urinated himself in his cell while shackled to the wall at Homan Square. | After another intimidating request by the sergeant to snitch was followed by another unanswered request from the young man to use the bathroom and yet another for legal counsel, his lawsuit states, Deanda Wilson urinated himself in his cell while shackled to the wall at Homan Square. |
| He was transported to an actual police station with his current co-plaintiffs later that evening. | He was transported to an actual police station with his current co-plaintiffs later that evening. |
| Sgt Ramaglia, who received a Chicago police department commendation one month after the incident, did not respond to a phone call and email after their suit was filed on Monday. | |
| ‘It’s much broader than just the West Side’ | ‘It’s much broader than just the West Side’ |
| Less than one month after the Guardian first exposed allegations of abuse inside Homan Square, John Vergara and Jose Garcia launched the first federal civil rights lawsuit stemming from the investigation. Blaming police who “knowingly and intentionally schemed and worked together in a common plan to falsely arrest, illegally detain, and physically abuse … innocent people”, their suit also cited fourth amendment rights prohibiting unlawful search and seizure. | |
| Almost two months later, Angel Perez refiled his federal lawsuit against Chicago police for sexual abuse he faced while held incommunicado in the facility. “I hear that a big black nigger dick feels like a gun up your ass,” the suit quotes an officer involved saying to him. Perez told the Guardian an officer then inserted a cold “metallic” object into his rectum. | Almost two months later, Angel Perez refiled his federal lawsuit against Chicago police for sexual abuse he faced while held incommunicado in the facility. “I hear that a big black nigger dick feels like a gun up your ass,” the suit quotes an officer involved saying to him. Perez told the Guardian an officer then inserted a cold “metallic” object into his rectum. |
| Perez’s case is ongoing, his attorney Scott Kamin told the Guardian, but a judge recently allowed him to transform it “into a class action against Homan Square”. He expects a trial no sooner than late next year. | Perez’s case is ongoing, his attorney Scott Kamin told the Guardian, but a judge recently allowed him to transform it “into a class action against Homan Square”. He expects a trial no sooner than late next year. |
| Now the People’s Law Office is invoking its experience in dealing with Chicago’s tortuous history of police violence to prosecute the city and its officers over Homan Square. | Now the People’s Law Office is invoking its experience in dealing with Chicago’s tortuous history of police violence to prosecute the city and its officers over Homan Square. |
| Just this year, the firm’s lead attorneys helped spur the first civil rights reparations ordinance in the history of an American city, which provides millions to victims of police torture from 1971 to 1992 under the reign of notorious police detective Jon Burge. | Just this year, the firm’s lead attorneys helped spur the first civil rights reparations ordinance in the history of an American city, which provides millions to victims of police torture from 1971 to 1992 under the reign of notorious police detective Jon Burge. |
| Taylor, who is representing the three men in the latest Homan Square suit, said he saw an indirect link to Burge-era torture in the facility’s intelligence-gathering operation: “It’s just one method they use to terrorize a community that is black and people of color,” he said. | Taylor, who is representing the three men in the latest Homan Square suit, said he saw an indirect link to Burge-era torture in the facility’s intelligence-gathering operation: “It’s just one method they use to terrorize a community that is black and people of color,” he said. |
| “If you take a look at what happened to all of these guys,” Taylor said, “it does fit into torture under the United Nations definition. | “If you take a look at what happened to all of these guys,” Taylor said, “it does fit into torture under the United Nations definition. |
| “First of all, there’s sensory deprivation, and in some cases there is physical violence. There’s the deprivation of food, drink, bathrooms, the racial epithets during an interrogation,” he continued. “It’s to get information. | |
| “So, yes, it’s torture.” | “So, yes, it’s torture.” |
| Additional reporting by Spencer Ackerman and the Guardian US interactive team | Additional reporting by Spencer Ackerman and the Guardian US interactive team |