A federal judge issued a preliminary injunction restricting the use of force by federal agents in Chicago, finding the Trump administration’s version of recent events involving agents was not credible.
One of the incidents in question was a confrontation between federal agents and protestors, where Gregory Bovino, a top Border Patrol official charged with the immigration crackdown in Chicago deployed tear gas.
Judge Sara Ellis found that Bovino wasn’t hit in the head with a rock prior to deploying tear gas despite claims from the Department of Homeland Security justifying the use of force. “Defendant Bovino admitted that he lied,” she said.
“Video evidence ultimately disproved this,” said Ellis, who is presiding over a case concerning the heavy-handed tactics used by federal agents in Chicago. Bovino, who sat for an hours-long deposition, said he was hit after the tear gas was thrown, Ellis said. The top Border Patrol official has started wearing his body camera, according to federal government attorneys, after revealing in court last month that he did not have one.
The government has until the end of the day Friday to provide proof that Bovino and other agents are now using body cameras as required, according to the written injunction filed after the hearing on Thursday.
During Thursday’s hearing, Ellis slammed the Trump administration, saying that the government’s portrayal of Chicago “is untrue.”
“I find the defendant’s evidence simply not credible,” Ellis said. “I watched the defendants’ videos,” she continued. “This, and hours and hours and hours of bodycam video and video from helicopters, was the best they could provide. ”
Ellis also found that the plaintiffs in the case, who accuse federal agents of aggressive behavior against peaceful protesters, were “threatened and harmed for exercising their constitutional rights.”
In citing the government’s concern over micromanaging by the court, Judge Ellis said, “I’m doing no such thing with this injunction.”
Ellis said she is not telling the government how to handle their operations. “I’m not telling defendants who to hire,” Ellis added.
Federal agents must give at least two separate warnings before issuing riot control weapons and provide “reasonable opportunity” for people to comply, Ellis ruled.
Ellis gave more specifics in her written order, saying agents must issue two distinct audible warnings – each clearly stating that force may be used before deploying tear gas or other “riot control weapons.” The only exception Ellis is giving to these restrictions is if immediate action is necessary to preserve life or prevent catastrophic outcomes.
Additionally, DHS was ordered to distribute copies of the injunction to all federal agents operating in the Northern District of Illinois by 10 p.m. Thursday and file any updated policy guidance with the court within five business days.
In an apparent effort to manage the flood of motions filed in recent weeks, Ellis also ordered plaintiffs to make “good faith attempts to meet and confer with Defendants at least 24 hours before filing a request for relief.” The defendants, in turn, must respond according to the court’s schedule.
The judge said she will not issue a stay of the injunction pending appeal.
As the hearing came to a close, plaintiffs’ attorney Steve Art thanked the judge, saying, “We appreciate you protecting this community.”
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