Rettberg and Callicoat
Defeat First Amendment Political Retaliation Claim
Chicago office shareholder Paul
Rettberg and associate Jason Callicoat recently won a dismissal with
prejudice of a lawsuit filed by a former municipal employee alleging her job
was eliminated in retaliation for her political association, in violation of
the First Amendment. The Plaintiff was an assistant to the Village Manager, who
was allegedly a political opponent of group of individuals who had gained a
majority on the Village Board of Trustees. The Plaintiff alleged her job had
been eliminated because she was known to be a friend of the Village Manager.
She sued the Village, the Village President, and three of the Village Trustees.
The ordinance that eliminated Plaintiff’s
job also eliminated two other jobs and created one new position. Plaintiff
argued these were simple administrative employment decisions regarding
individuals, rather than a legislative restructuring of the Village staff based
on legitimate budget priorities. Querrey & Harrow moved to dismiss the
complaint, arguing the decision was entitled to the application of Absolute
Legislative Immunity. That doctrine holds that legislators at all levels of
government cannot be held liable for their legislative decisions, which often
determine how to allocate limited resources among competing priorities. The
goal of Absolute Legislative Immunity is to prevent these legislative decisions
from being skewed by the fear that legislators will be sued by anyone who is
negatively affected by their decisions. The U.S. District Court agreed with
this argument and dismissed the case against all Defendants with prejudice
Farmans and De Angelis
Obtain Summary Judgment For Homeowners Association
Joliet office shareholder Janet Farmans and associate Aaron De Angelis recently obtained a summary
judgment for a defendant/homeowners association on this premises liability case
where the plaintiff claimed that she slipped and fell on ice located on the
sidewalk outside of her townhome. Plaintiff filed a 2-count complaint for
breach of contract (terms of the condo declarations to maintain the common
areas, including snow removal) and willful and wanton conduct against the
homeowners association. Plaintiff alleged that she sustained a broken leg as a
result of her fall, requiring two surgeries, including future physical therapy
and treatment. Plaintiff's last demand was $400,000.
Lanzito Obtains Dismissal
of Civil Rights Claim Alleging "Involuntary Servitude"
Congrats to Chicago office shareholder Dominick
Lanzito for obtaining the dismissal of an interesting case where the
plaintiff, suing as "John Doe", challenged the constitutionality of
the Illinois Sex Offender Registration Act. Specifically, plaintiff claimed
that the Act was tantamount to a Bill of Attainder and cruel and unusual
punishment. Dominick successfully filed for dismissal on behalf of all
municipal defendants.
Q&H Wins Dismissal Of
Civil Rights and Wrongful Death Claims Arising in Municipal Jail
Chicago office shareholders Dan
Gallagher, Larry Kowalczykand Dominick Lanzito recently obtained a summary judgment order
dismissing with prejudice a federal civil rights and wrongful death lawsuit
filed against a county sheriff and others following the death of a detainee. In
the case, a detainee with a history of prior falls and injuries, was noted to
have collapsed while waiting in an intake processing line at the jail and died
shortly after being taken for emergency medical care. Post-mortem medical
examinations resulted in a dispute between experts on both sides on whether the
decedent's death was due to natural causes or the effects of prior injuries, or
the result of injuries allegedly caused by an attack by unknown officers or
other detainees. Despite several expert reports from plaintiffs' side claiming
that the death must have been caused by an assault, Q&H obtained the
dismissal of the case by documenting that there was no competent evidence
regarding there being any assault occurring at the jail, detailing the
decedents' history of past injuries and falls and setting forth evidence that
the death could just have easily occurred due to natural causes. The District
Court agreed with these arguments and found that the plaintiff's failure to
identify any particular officer or detainee involved in any attack of the
decedent left the case dependent solely on improper speculation and conjecture.
Guolee Successfully
Defends Village Before IDHR
Chicago office shareholder Terrence
Guolee recently obtained the dismissal of all age discrimination and
harassment claims pending before the Illinois Department of Human Relations
raised by a terminated office administrator against a south suburban
Chicago-area village government. In entering its Notice of Dismissal for Lack
of Substantial Evidence, the IDHR accepted the defenses raised for the village
that the claimant's termination was connected to a required contraction of the
village's administrative staff due to a severe budget shortfall. The IDHR also
accepted the presentation of claimant's employment records that refuted her
claims that she was improperly denied vacation and overtime.
