Dist. Ct. did not err in granting defendants-officials within in Sheriff’s Dept.’s motion for summary judgment in plaintiff-Deputy Sheriff’s section 1983 action, alleging that defendants violated his First and 14th Amendment rights by retaliating against him for seeking Sheriff’s office by attempting to demote him, criticizing him to others, as well as increasing police patrols in plaintiff’s neighborhood and for generating investigation to seek his termination for failure to list 2007 sexual assault charge (that was ultimately expunged) on his application for Deputy Sheriff. Defendant’s criticism of plaintiff to otters did not support instant retaliation claim since said criticisms were simply type of criticisms that came with territory of plaintiff’s running for office. Moreover attempt to demote plaintiff came prior to knowledge of his candidacy. Dist. Ct. could also properly find that plaintiff’s claim of increased police patrol of plaintiff’s neighborhood was not supported by record. Also, defendants’ recommendation to terminate plaintiff, which came three months after defendants' knowledge of plaintiff’s candidacy, was too attenuated to support retaliation claim, and defendants’ recommendation that plaintiff be terminated due to plaintiff’s dishonesty in failing to note 2007 arrest on his job application was belief supported by record.
Federal 7th Circuit Court
Civil Court
First Amendment