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Police sue gang members for damages

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Published: Jan. 18, 2011 at 8:07 PM

ELGIN, Ill., Jan. 18 (UPI) -- Police in Elgin, Ill., say gang activity has dropped since they began the tactic of suing alleged gang members several months ago.

DuPage County and Boone County law enforcement officials also said they saw a decline in gang activity after taking similar civil legal action, the Chicago Tribune reported Monday.

"I hate saying this because I don't want to jinx it, but it has been a pretty quiet fall and winter," said Elgin Police Lt. Bill Wolf.

In September, the Kane County state's attorney's office filed a civil lawsuit on Elgin's behalf. The suit named 70 alleged Latin King gang members whose activities "have threatened injury or caused injury to the people" of Illinois and Elgin, and cost the city money for police services and other resources.

Such suits may seek monetary damages, but prosecutors may also ask judges to bar purported gang members from publicly associating with each other.

A court ban on association means police may arrest gang members found together in public and charge them with a criminal misdemeanor. This gives rise to a search than can result in more serious charges. Keeping gang members from congregating prevents them from plotting and implementing crimes, police said.

"Monetarily, (gang members) haven't had to pay damages, but I think it's a monetary savings for police departments because they have less criminal activity," said DuPage County State's Attorney Robert Berlin.

"I don't like it. To me, it seems like you're lowering the standard of proof beyond a reasonable doubt, which should be the standard if you're talking about restricting someone's freedom. It's kind of scary," said Wheaton lawyer Jeff Fawell, who represented a man charged in a DuPage County suit.

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