City Police Board found officer in violation of 3 department rules and ordered him discharged, based on his appearing in a photo that showed him and another officer holding long guns and crouching next to an African-American male who was lying on his stomach on the ground with his tongue sticking out. Plaintiff's hand was around the man's throat, and the other officer was holding a pair of deer antlers against the back of the man's head. Board's finding that Plaintiff's appearance in photo, by itself, was sufficiently serious to constitute rule violation, because it brought discredit upon the Department, was not against manifest weight of evidence. Board's finding that Plaintiff's willing appearance in photo was sufficient for violation of rule prohibiting disrespect or maltreatment of any person, while on or off duty, was not against manifest weight of evidence. Board's finding that Plaintiff holding "long gun" in photo, and that there was no police purpose for photo, was sufficient to support violation of rule prohibiting unlawful or unnecessary use or display of weapon. Termination was not arbitrary or unreasonable.(REYES and LAMPKIN, concurring.)
Illinois Appellate Court
Civil Court
Administrative Review