Mike Bersani spoke at the Illinois Local Government Lawyers Association 24th Annual Conference on February 20, 2017, on Section 1983 Civil Rights.

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Mike Bersani and Michael Condon gave a presentation entitled Fundamentals of Section 1983 Litigation: Common Claims, Defenses and Immunities to CCMSI on November 22, 2016.

Civil Rights Presentation CCMSI Nov 2016

Anthony Becknek was a member of a panel at a conference on Pearl Harbor Day as the Chair of the Civil Rights Committee for the Chicago Bar Association Young Lawyer’s Division. He is moderating a civil rights event at the Chicago Bar Association on December 21, 2016, regarding data mining and intelligence from the National Security Agency.

Chuck Hervas spoke on police and fire employment investigations for the DuPage County Bar Association’s Local Government MCLE Meeting on November 2, 2016.

DCBA Presentation – Police Fire Disciplinary Process

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Tony Fioretti attended training presented by the Local Government Lawyer Association to qualify as an Administrative Hearing Officer and meet the requirements of 65 ILCS 5/1-2.1-4; 65 ILCS 5/1-2.2-40; and, 625 ILCS 5/11-298.7(g).

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Michael Bersani and Anthony Becknek presented training for the Melrose Park Police Department and Tokio Marine – Public Risk Group on Harassment-Free & Diversity Workplace Awareness Training for Supervisors on October 6, 2016.

Harassment-Free & Diversity Workplace Awareness Training for Supervisors 10.2016

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Chuck Hervas and Yordana Wysocki presented a seminar on Religious Rights in Jails: Defending Correctional Staff Under RLUIPA at the Kane County State’s Attorney’s Civil Law Conference for Illinois State’s Attorneys on September 30, 2016.

Religious Rights and RLUIPA in Jail 9 30 2016

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Judge Jorge Alonso in the Northern District of Illinois granted summary judgment in favor of Village of New Lenox police officers in Lofgren v. Wojowski, et al., Case No. 14 C 7869, 2016 U.S. Dist. LEXIS 134247 (N.D. Ill. September 29, 2016). An off-duty Chicago Police Officer, following his arrest for possession of controlled substances, alleged that he was arrested without probable cause, and that the New Lenox officers conspired to violate his Fourth Amendment rights. Prescription narcotics were found by New Lenox officers in a parking lot where the off-duty Chicago police officer had been standing following the arrest of his companion for driving under the influence. The Court found that the Plaintiff’s evasiveness during the investigation, his contradictory statements about the narcotics during questioning, and the circumstantial evidence of his possession of the recovered narcotics provided the officers with probable cause to arrest him. Furthermore, the Court found that the officers would have been entitled to qualified immunity for the arrest. Michael Bersani and Tony Fioretti defended the New Lenox Officers and the Village of New Lenox against the claims by the Chicago police officer.

Lofgren v. Wojowski

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Summary judgment was granted in correctional officer’s favor in Patterson v. Brown, et al., No. 15-cv-02002-SLD, where an inmate alleged that the force used against him was excessive. The inmate was tased after refusing to follow orders and moved into a defensive position towards the officers. The court found that the inmate was belligerent, cursed at the officers, repeatedly refused orders, and moved towards them. The court concluded that the officer acted reasonably in tasing him, finding that it was the only tactic left to the officer to enforce compliance with the officer’s orders. The court further held that the few hour delay between the use of the Taser and giving the inmate medical attention was de minimis and did not establish a claim for deliberate indifference. Michael Condon and Anthony Becknek represented the correctional officer.

Patterson v. Brown

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The Will County Circuit Court granted summary judgment in favor of the Village of Romeoville in Enbridge Energy, LP. v. Vill. of Romeoville, et al., No. 11 L 727 (Will Co. Aug. 10, 2016). Enbridge Energy sued the Village and a private property owner, Northfield Block, following a September 2010 oil spill. Enbridge alleged that a leaking water pipe, serving Northfield Block, caused the release of oil. The Court found that the Village was immune pursuant to the Local Governmental and Governmental Employees Tort Immunity Act because the Village did not have timely notice of the condition that caused the spill. The Court also found that the Village was entitled to discretionary immunity for their decisions concerning preventative maintenance on the water line, and their decisions following notice of the water and oil leaks. Michael Bersani and Yordana Wysocki represented the Village in its defense against the claims made by Enbridge and Northfield Block.

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