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….
Read MoreIf 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…
Read MorePlaintiff 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…
Read MoreOn May 1, 2019, U.S. District Court Judge Colin Bruce dismissed a case brought by Darnell Fonder who claimed that he was wrongfully detained and convicted of resisting arrest. Fonder sued the City of Kankakee and two Kankakee police officers. Fonder was arrested in May of 2010, convicted in 2011, and held in custody until he…
Read MoreThe Honorable Dorothy French-Mallen in DuPage County, Illinois granted summary judgment on an orthodontist’s negligence claim against the Village of Itasca in Emil M. Marogil Orthodontics, P.C., et al., v. Village of Itasca, et al. Case No. 2015 L 784 (DuPage Co. Cir. Ct., April 24, 2019). Plaintiffs, Dr. Emil Marogil, his professional corporation, and…
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