Police Misconduct–False Arrest and Excessive Use of Force

• Husband and wife brought action against police officers seeking damages for injuries suffered by husband when he was shot by police officer while husband was pointing pellet gun at wife. The federal court held that officers acted reasonably in events surrounding shooting. Frane v. Kijowski, 992 F. Supp. 985 (N.D. Ill. 1998).
  
  
• Arrestee in domestic violence incident filed civil rights lawsuit against police officers. Jury found in favor of the officers, and the federal appellate court affirmed. Calusinski v. Kruger, 24 F.3d 931 (7th Cir. 1994).
  
  
• Arrestee sued police officers alleging an arrest without probable cause and use of excessive force. Following a jury trial, the court entered judgment for the police officers, which was affirmed on appeal. Kladis v. Brezek, 823 F.2d 1014 (7th Cir. 1987).
  
  
• Mother sued police alleging that City of Elgin officers took daughter from mother pursuant to unenforceable custody order issued out of state.  Court held that officers were entitled to qualified immunity from suit.  Dunn v. City of Elgin, 347 F.3d 641 (7th Cir. 2003).
  
  
• Homeowner sued City of Dekalb building officials alleging that administrative searches of her home violated her Fourth Amendment rights.  Federal appellate court held that officials were immune from liability.  Montville v. Lewis, 87 F.3d 900 (7th Cir. 1996).
  
  
• Western Illinois University professor sued police officers for false arrest following incident in home where professor’s wife accused him of domestic battery.  Federal appellate court held that officers reasonably relied on eyewitness statements to support probable cause for arrest.  Shiek-Abdi v. McClellan, 37 F.3d 1240 (7th Cir. 1994).

Police Misconduct–Wrongful Prosecution

• A Village of Hampshire police sergeant was murdered while on duty. Within 24 hours his best friend was arrested by Kane County Sheriff’s deputies. After his acquittal in the criminal case the plaintiff sued the deputies for wrongful arrest and prosecution. Federal court held that the deputies had probable cause for the arrest and prosecution. Carroccia v. Anderson, No. 02 C 3916, 2004 WL 2032754 (N.D. Ill. 2004).
  
  
• Plaintiff alleged that circuit court judge and state’s attorney conspired to deprive him of his parental rights by arresting him on a false rape charge and detaining him in jail while his former girlfriend had his child. The child was subsequently adopted without Plaintiff’s consent. Federal court dismissed the complaint. Pena v. Mattox, 84 F.3d 894 (7th Cir. 1996).
  
  
• Arrestee, who was accused of murder sued police for false arrest, was subsequently found guilty in the criminal case. Federal judge held that the civil suit was barred by criminal conviction. Simpson v. Rowan, No. 04-1897125 Fed. Appx. 720 (7th Cir. 2005).
  
  
• Insurance executive sued state’s attorney investigator for false arrest and prosecution after acquittal for charge of manipulating payment of patient bills in order to reap six-figure bonuses. Federal court held that grand jury indictment barred false arrest claim and that there was no evidence to support allegation that investigator duped state’s attorney into wrongful prosecution. Mutual Medical Plans v. Peoria County, 309 F.Supp. 2d1067 (C.D. Ill. 2004).
  
  
• Arrestee accused of murdering his parents sued police detectives alleging false arrest and malicious prosecution.  Court of Appeals held that detectives were immune from liability for giving testimony at criminal trial and that allegedly false account of arrestee’s interrogation did not violate arrestees constitutional rights.  Gauger v. Hendle, 349 F.2d 354 (7th Cir. 2004).

Police Misconduct–Wrongful Towing of Vehicles

• Car owner whose vehicle was seized pursuant to Arlington Heights ordinance authorizing seizure of abandoned vehicles sued for due process violations.  Perry v. Village of Arlington Heights, 905 F.Supp. 465 (N.D. 1995).

• Intoxicated motorist killed in accident after high speed chase by police.  Appellate court upheld summary judgment in favor of Warrenville police officer finding that officer’s conduct was not the proximate cause of motorist’s death.  Kimber v. City of Warrenville, 248 Ill. App.3d 361, 617 N.E.2d 1263 (2nd Dist. 1993).

Jail Conditions–Suicide

• Male arrestee informed booking officer that he was depressed and had previously attempted suicide. Jail officers placed him in special needs cell. Arrestee was found hanging by a make-shift rope in his cell. Federal court found that jail officials did not act deliberately indifferent to arrestee’s risk of suicide and that jail had constitutionally adequate jail suicide policies. Rapier v. Kankakee County.
  
  
• Female arrestee, who had not indicated depression or suicidal behavior upon booking, committed suicide in cell. Federal court held that jail was not deliberately indifferent to risk of suicide by inmates housed in general population. Owenby v. Kankakee County.

Jail Conditions–Religious Freedoms

• Muslim inmate at county jail sued jail officials over denial of prayer rug and religious diet. Federal court found that special diet was not prescribed by doctor and that denial of prayer rug was not unlawful because inmate could use towel as a substitute. Murrell v. Bukowski.

Employment–Race Discrimination

• Police officer applicant sued chief of police for failing to hire him on account of his race. Following a hung jury, a federal judge held that there was insufficient evidence of discrimination to warrant a retrial. Pirela v. Village of Sugar Grove.

Employment–Gender Discrimination

• Probationary female police officer sued five supervisors for alleged sexual harassment and unlawful termination. Federal jury rendered verdict in favor of police supervisors. Murray v. Kutzke.

Employment–Political Patronage and Retaliation

• Former deputy sheriffs sued sheriffs, claiming that they were fired in retaliation for the support of sheriff’s opponent. The federal appeals court held that the sheriff was entitled to qualified immunity, since it was not clearly established at time of the firings that deputies were protected from patronage firings. Upton v. Thompson, 930 F.2d 1209 (7th Cir. 1991).
  
  
• Jury verdict in favor of former chief of police and deputy chief who were fired from their jobs with the town of Cicero in retaliation for cooperating with a federal corruption investigation. Jury awarded plaintiffs $1.7 million. Niebur v. Town of Cicero, 212 F. Supp. 2d 790 (N.D.Ill. 2002).
  
  
• Jury verdict for police lieutenant who was subjected to termination proceedings in retaliation for his support of mayor’s opponent. Jury awarded lieutenant $12.5 million. Comanda v. City of Country Club Hills.

Employment–Americans With Disabilities

• Former Pace bus driver filed ADA claim alleging that he was terminated because of a medical disability. Federal court held that termination was lawful because plaintiff had failed to pass medical evaluation required by Pace policy and federal regulations. Green v. Pace Bus Company, 02 C 3031, 2004 WL 1574246 (N.D. Ill. 2004).
  
  
• Female police officer sued village for violation of ADA and Title VII.  Federal court dismissed case and held that village’s reason for placing officer on administrative leave and ordering her to undergo psychological exam was not a pretext for discrimination.  Davis-Durnil v. Village of Carpentersville, 128 F.Supp.2d 575 (N.D. Ill. 2001).

• Former Itasca police officer sued for administrative review stemming from his termination by local police board for lying during internal investigation. Appellate Court upheld termination.  Valio v. Bd. of Fire and Police Commissioners of Village of Itasca, 311 Ill. App. 3d 321, 724 N.E.2d 1024 (2nd Dist. 2000).
  
  

Municipal Law–Zoning and Land Use

• Interracial married couple sued village for limiting the number of children that could be served in couple’s home day care business. A federal judge found no evidence of racial motive. Roberts v. Village of Shorewood.
  
  
• Neighboring residents sued village for special use permit granted to construct two, five-story condominium buildings. Plaintiffs claimed among other things that their cross-examination rights during plan commission public hearing were violated. Both trial and appellate court disagreed and upheld village’s ordinances. Aspito v. Village of Itasca.
  
  
• Landowner sued village for denial of use of dirt road located on village property to access proposed marina project. Illinois appellate and trial courts limited scope of landowner’s rights and held that landowner could not use road to develop marina. Limestone v. Village of Lemont, 284 Ill. App. 3d 848, 672 N.E. 2d 763 (1st Dist. 1996).
  
  
• Local landowner sued for disconnection from village. Village argued that landowner could not disconnect because property was subject to current annexation agreement. Illinois circuit court agreed and dismissed petition for disconnection. Quality Screw & Nut Corp. v. Village of Itasca.
  
  
• Landowners were denied variance to split lot in order to build two single family detached homes. Illinois appellate court upheld denial because the two lots lacked adequate area to qualify as buildable lots under village ordinance. D’Amico v. Village of Palos Park.
  
  
• Landowner was denied permit by Kankakee County to blast in connection with proposed quarry operation.  State appellate court held that landowner failed to state constitutional claims and were not entitled to money damages.  PBM Stone, Inc. v. Palzer, 251 Ill. App. 3d 390, 622 N.E.2d 71 (3d Dist. 1993).

Municipal Law–Religious Freedoms

• County denied landowners request for special use and variance to operate religious school. Circuit court held that county’s ordinance did not violate landowner’s religious freedoms. Anthony v. Kankakee County, 304 Ill. App. 3d 1040, 710 N.E. 2d 1242 (3rd Dist. 1999).

Municipal Law–Taxation

• Village of Itasca sued local business and Village of Lisle for conspiring to establish sham sales office in Lisle for purpose of falsely reporting sales taxes as originating in Lisle. Illinois appellate court held that Itasca could sue for declaratory and injunctive relief for false tax situs reporting. Village of Itasca v. Village of Lisle, 352 Ill. App. 3d 817 N.E.2d 160 (2nd Dist. 2004).

Housing Discrimination

• Landowner claimed that several villages and public officials illegally conspired to prevent the construction of low income housing. Federal appellate court held that developer could not recover lost profits and otherwise limited developer's claims. Creek v. Westhoven, 80 F.3d 186 (7th Cir. 1996).

Slip and Fall

• DuPage County jury returned verdict in favor of Village of Itasca in a negligence suit brought by a woman who fell in a drainage ditch located alongside a village road. Village defended action with evidence that ditch was built to engineering standards and that village had not received any prior complaints. Hemmi v. Village of Itasca.

Motor Vehicle Accidents

• Kankakee County jury returned verdict in favor of county in wrongful death suit filed by driver of a vehicle who was involved in a head-on collision with another vehicle. Driver’s mother was seated in passenger seat and was killed. Driver claimed that she lost control of her vehicle after hitting a pothole in the road. Smith v. County of Kankakee.