Laws and Loopholes

Civil Rights Case Regarding the Trauma of Gun Violence Allowed to Proceed in Illinois


U.S. District Court Judge Joan B. Gottschall allows a lawsuit filed against the State of Illinois to proceed without first being heard by an appellate court. Newsweek has the story: The case concerns three Illinois residents who filed a federal civil rights lawsuit in October 2018 against Illinois, the governor and the State Police alleging a failure to protect African American children from trauma caused by pervasive gun violence in black communities.

Among other claims, the plaintiffs allege that the state is infringing upon their children's rights under the Americans with Disabilities Act by allowing trauma induced by gun violence to impede equal access to educational success.

Gottschall decided in late September that two of the plaintiffs in the lawsuit lacked standing to pursue the case, but, crucially, that the state's attempts against the third plaintiff to dismiss the case could not prevail.

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