The HCBullet: The blog of the Attorneys at HCB

Eight-year Delay in Employment Termination Proceedings Did Not Violate Substantive Due Process

August 28, 2019

In Campos v. Cook County, et al., No. 18-3472, County correctional officer was twice terminated, and his termination was twice vacated by the circuit court upon judicial review. After eight years of termination proceedings and suspension without pay, the officer brought a federal Section 1983 lawsuit claiming that the termination proceedings violated his substantive due…

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Local 911 Dispatch Centers Garner Victories Against Private Fire Alarm Companies

August 7, 2019

In two recent cases, Alarm Detection Systems, Inc. v. Orland Fire Protection District, and Alarm Detection Systems, Inc. v. Village of Schaumburg, the Seventh Circuit Court of Appeals has affirmed the dismissal of two local dispatch centers in federal civil rights and anti-trust actions filed by private alarm companies. In the Schaumburg case, a group…

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Supreme Court Rules the Statute of Limitations for §1983 Fabricated-Evidence Claims Begins to Run When the Criminal Proceedings Against A Plaintiff Terminate in His Favor.

July 3, 2019

On June 20, 2019, the Supreme Court decided McDonough v. Smith. In McDonough, a commissioner of the county board of elections was investigated for forged absentee ballots in a 2009 primary election in New York. The commissioner alleged that the district attorney fabricated evidence against him and used it to secure a grand jury indictment….

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On Third Hearing, Supreme Court Sets Standard for First Amendment Retaliatory Arrest Claims

July 3, 2019

If a police officer arrests someone in retaliation for protected speech, it’s a First Amendment violation. But suppose that apart from the speech, there was probable cause to arrest that person for a crime? Lower courts have long disagreed whether such a person could bring a claim alleging a First Amendment retaliatory arrest. Twice in…

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HCB Attorneys Prevail Before Federal Judge and Jury On Behalf of City of Kankakee in Police Discipline and Promotion Dispute

July 3, 2019

Plaintiff Richard Brooks, a City of Kankakee police officer, sued his employer for alleged employment discrimination in Brooks v. City of Kankakee, Case No. 17-cv-2265 (C. D. Ill). Brooks claimed that the City’s failure to promote him to sergeant and that several instances of on-the-job discipline were unlawful retaliation for his past complaints about alleged…

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