A federal lawsuit seeking to restrict the use of force by immigration agents against journalists and protesters in Chicago has been dismissed. The case, brought by Block Club Chicago, the Chicago Headline Club, and other media organizations, was voluntarily withdrawn in December. According to court filings, the plaintiffs stated they decided to drop the suit because “the situation that precipitated the relief” changed after Border Patrol chief Gregory Bovino and his agents left Chicago.
Earlier this month, Judge Ellis delayed dismissing the case due to a federal rule requiring court approval before a certified class action can be dropped or settled. During proceedings, Ellis also ordered the release of about 500 additional videos and remaining use-of-force reports from the Department of Homeland Security that had not yet been made public. These materials were referenced in her 233-page opinion issued in November. The judge gave a deadline of 120 days from January 9 for these records to be released.
On Thursday, at the request of the plaintiffs, Judge Ellis officially dismissed the case without prejudice.
The hearing also addressed a related lawsuit filed by Illinois against the Department of Homeland Security, which is being overseen by Judge Ellis as well. Attorneys representing the federal government indicated they plan to respond to that complaint by March but have not determined if they will seek dismissal of all or part of it.
Lawyers for Illinois asked if discovery from the Chicago Headline Club case could be shared with them to prevent duplicative efforts. Federal attorneys responded that they would need time to consult their clients before making any agreement on sharing evidence, citing concerns about starting discovery before motions to dismiss are resolved.
Judge Ellis instructed both parties to submit a joint status report by February 12 outlining potential next steps and scheduled another hearing for February 19.
Block Club Chicago and reporter advocacy groups filed their lawsuit in October last year, alleging that immigration agents violated First Amendment rights when using tear gas, pepper-balls, and other riot-control weapons on journalists and peaceful demonstrators during protests near an Immigration and Customs Enforcement facility in Broadview.
The legal challenge resulted in a preliminary injunction requiring federal officials to limit their use of such weapons and wear identification while on duty. In her written opinion, Judge Ellis found instances where officials used unnecessary force and provided misleading information during operations.
However, following an appeal by federal authorities, a panel from the Seventh Circuit U.S. Court of Appeals put Judge Ellis’ restrictions on hold in November. The appellate court described her order as an “overbroad” limitation on executive branch powers.
