More than 10 years ago, 3 off-duty police officers assaulted a civilian inside a fast food restaurant and was captured on videotape. Superintendent of police charged 3 officers with violating multiple Police Department rules. Police Board correctly found charges were not barred by due process, laches, Chicago Municipal Code, or Police Department's general orders. Board's determination that officers' attack on victim was unprovoked was not against the manifest weight of evidence, and its decision to discharge 2 of the officers was not arbitrary, unreasonable, or unrelated to requirements of service. Officers failed to establish prejudice resulting from delay in filing charges; they were gainfully employed until charges were filed and were terminated only after full and fair hearing. Officers' misuse of weapon and violence toward victim was sufficiently serious to justify their discharge. (NEVILLE and SIMON, concurring.)
Illinois Appellate Court
Civil Court
Administrative Review