Motion to Intervene Denied

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7^th Circuit Court of Appeals

Case Name: State of Illinois v. City of Chicago

Case No.: 18-2805

Officials: RIPPLE, KANNE, and ROVNER, Circuit Judges.

Focus: Motion to Intervene Denied

On August 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 the proceedings while they negotiated a 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. But the Lodge waited until June 6, 2018, to file a motion to intervene in the suit. The district court denied the motion to intervene as untimely. Because the Lodge knew from the beginning that a consent decree might impact its interests but delayed its motion for nearly a year, and because its allegations of prejudice are speculative, we affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.