Plaintiff, an employee of the Cook County Sheriff’s Office, filed a lawsuit alleging that the sheriff’s office violated a settlement agreement between the parties in which plaintiff agreed to admit that he engaged in conduct that violated the defendant’s code of conduct in exchange for the defendant withdrawing the complaint it filed against the plaintiff with the Cook County Sheriff’s Merit Board. Plaintiff served a 45-day extension and after the suspension he was assigned to a different position at the sheriff’s office. Plaintiff alleged that this was a breach of the settlement agreement and violated his constitutional rights. The circuit court granted the defendant’s motion to dismiss by finding that plaintiff failed to allege sufficient facts to support his claims and that his claims were barred by the terms of the settlement agreement and municipal statutes. The appellate court affirmed, finding that the circuit court did not err where the settlement agreement did not provide that plaintiff would return to work in the same position and where plaintiff did not allege any facts supporting damages. (ROCHFORD and HOFFMAN, concurring)
Illinois Appellate Court
Civil Court
Employment Law