A Chicago Police officer has accused two of his commanding officers of improperly running his name through an online investigatory database, pressuring him to file a statement falsely stating he had authorized the search, and then retaliating against him when he reported the incident to CPD Internal Affairs.
On Nov. 1, Chicago Police officer Xavier Chism filed suit in Chicago federal court against the city of Chicago, as well as two of his superior officers. They are identified in the complaint as Chicago Police Lt. Jason Brown, and Chicago Police Sgt. Michael Nunez.
According to the complaint, Chism has worked as a Chicago Police officer since 2005, earning six commendations and gaining “extensive experience in narcotics investigations, gang enforcement, and as a tactical officer.” According to the complaint, Chism has drafted more than 200 search warrants, leading “to the recovery of many illegally possessed firearms.”
According to the complaint, at some point in 2020, Chism’s name was run through an online investigatory database, known as Accurint.
According to the complaint, Accurint is maintained and operated by LexisNexis, and is used by CPD and other police agencies to help collect a trove of personal information about potential criminal suspects, to “conduct thorough investigations of suspects of criminal activity by aggregating a wide variety of data, both public and private, into one place.”
In the complaint, Chism alleged the search of his information was conducted by Nunez, allegedly at the direction or request of Brown. The complaint claims the information uncovered in that search was allegedly shared with others in CPD.
Following that search, Chism claims LexisNexis contacted CPD about the search of Chism’s name and information, allegedly to inquire as to why one authorized police user was obtaining information about another authorized police user.
After that inquiry, Chism alleged Brown contacted him to explain the search was conducted as part of a “training exercise for other officers.”
Brown then allegedly asked Chism to draft and sign an email, indicating he had authorized the search, allegedly “to cover up the fact that he and/or Nunez had violated the terms of use for the CPD Accurint account.”
Chism refused, and reported the incident to CPD’s Bureau of Internal Affairs. The complaint notes that “if the CPD determines that one of its officers made a false statement intentionally, it can move to fire the officer.”
After the incident was reported to Internal Affairs, Chism alleges Brown allegedly interfered with career opportunities for Chism, including, allegedly, blocking Chism’s assignment to a federal Bureau of Alcohol, Tobacco and Firearms task force, being created to combat gun violence in Chicago.
Chism asserts he has been essentially punished for violating CPD’s “Code of Silence,” which forbids officers from reporting misconduct allegations against their fellow officers and commanders.
The complaint asserts the defendants in the case allegedly violated the federal Drivers Privacy Protection Act and the Illinois Whistleblower Act.
Chism has asked the court to order CPD to assign Chism to the ATF gun violence task force, and pay him for all pay and benefits lost as a result of the alleged retaliation, plus punitive damages under the federal DPPA law.
He is also asking the court to order an audit of CPD’s Accurint accounts, to determine if “any other person has had their privacy invaded.”
Chism is represented in the action by attorneys Thomas P. Needham, of Chicago, and Torreya L. Hamilton, of the Hamilton Law Office, of Chicago.