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Keen v. Police Bd. of City of Chicago

OPINION FILED JUNE 12, 1979.

ELMER P. KEEN, PLAINTIFF-APPELLANT,

v.

THE POLICE BOARD OF THE CITY OF CHICAGO ET AL., DEFENDANTS-APPELLEES.



APPEAL from the Circuit Court of Cook County; the Hon. RICHARD L. CURRY, Judge, presiding. MR. JUSTICE DOWNING DELIVERED THE OPINION OF THE COURT:

Rehearing denied July 5, 1979.

The Police Board of the City of Chicago (the Board) found that patrolman Elmer P. Keen violated rules of the Chicago Police Department and suspended him from the force for one year. Plaintiff Keen filed a complaint in the circuit court of Cook County to review the decision under the Administrative Review Act (Ill. Rev. Stat. 1975, ch. 110, par. 264 et seq.). Plaintiff appeals the trial court's affirmance of the Board's decision contending (1) that the Board's findings are against the manifest weight of the evidence; and (2) that Rule 2 of the Rules and Regulations of the Chicago Police Department is unconstitutionally vague and overbroad.

Tonne Poellnitz testified that on February 6, 1974, at approximately 3 a.m., she and a girl friend stopped at the Afro-Kingdom Chicken Shack on their way home from a dance. While there, she noticed the plaintiff escorting a man who appeared to be drunk out of the chicken place. She and her friend left the chicken place and while stopped at a traffic light, a City of Chicago police car driven by plaintiff pulled up alongside of them. Poellnitz recognized the plaintiff as the officer she had seen at the chicken place. According to Poellnitz, plaintiff motioned her to roll down her window and asked her where they were going. She told him they were going home. Plaintiff said he would follow if it was not too far.

Poellnitz testified that she lived in an apartment building located at 4834 South Vincennes Street; that after her girl friend stopped in front of the building to drop her off, plaintiff asked her to get into the squad car; and that he said he needed some information. Poellnitz got into the back seat of the squad car on the passenger side; plaintiff got into the front seat on the driver's side. Poellnitz stated that plaintiff told his partner to get into the car driven by her girl friend and the partner left. In accordance with plaintiff's request, Poellnitz said she wrote down her address and phone number for him; that plaintiff then put his hands on top of hers which were on the back of the front seat and asked if he and his partner could go up to her apartment; that she asked him what this was all about and he responded she knew and asked if she would be able to do him any good. Poellnitz told him she lived with her mother and that they could not. She said plaintiff then put one hand on her leg just above the knee and began rubbing it back and forth for about a minute; that she grabbed his hand and asked what he was doing; and that he responded she knew. Poellnitz stated that plaintiff did not actually touch her skin because she was wearing long pants.

Poellnitz testified that plaintiff then leaned over the front seat and pulled a bottle of Taylor's cream sherry which was in a paper bag from a box full of papers located on the back seat next to her, offered her some, and said he would bring it with him. She stated that neither she nor plaintiff drank any of the cream sherry and that plaintiff put the bottle back into the box. Poellnitz said that when plaintiff held the bottle up in front of her, she was able to read the label on the bottle and determine its contents to be red or pink in color. She told plaintiff she had to go and that her mother was looking out of the window; that if he let her out she might see him some other time; and that he asked her to promise and she agreed. She stated that plaintiff told her he wanted to walk her to the door and asked if she would be able to do him any good when they reached the hallway. She asked him what he meant and he said, "I put my hands on you, you put your hands on me and we do each other some good." She refused and proceeded into her apartment alone.

Noticing the number 21 on the front of the squad car, Poellnitz, later that same day, called the 21st Precinct to report the incident. She was told that plaintiff did not work there. After contacting the Afro-American Patrolmen's League and the Internal Affairs Department, she spoke with a Sergeant John Mahoney from the 21st Precinct and made arrangements to make a statement on February 23, 1974.

Selma Taylor testified that on February 6, 1974, at approximately 3 a.m., she was driving her friend, Tonne Poellnitz, home; that while stopped at a traffic light, plaintiff, whom she recognized as the officer who was patting down a man outside of the Afro-Kingdom Chicken Shack, pulled up alongside of them and said he would follow them home if it was not too far. She stated that after he stopped in front of Poellnitz's apartment building, the police officers turned their lights on them; that plaintiff got out of the squad car and then she and Poellnitz got out of her car; and that plaintiff told Poellnitz to get into the squad car because he wanted to get some information. She also heard plaintiff tell his partner to get into her car and be sociable. Taylor said that Poellnitz remained in the squad car for about five or 10 minutes and then went into her apartment building alone.

Officer Thomas Grzywacz testified that on February 6, 1974, when he and his partner, the plaintiff, drove past the Afro-Kingdom Chicken Shack, plaintiff observed a man entering the restaurant with what plaintiff believed to be a gun in his back pocket; that after stopping to investigate and taking care of the matter, he and plaintiff got back into the squad car and plaintiff mentioned something about following a car. Grzywacz stated that they followed a car to 48th and Vincennes Streets and stopped behind it. According to Grzywacz, plaintiff got out of the squad car as did the passenger of the car in front of them and the two engaged in conversation. Grzywacz said that he did not know why plaintiff got out of the squad car nor could he hear what was said. Grzywacz stated that plaintiff then returned to the driver's seat of the squad car and the woman he was talking to got into the back seat of the squad car. Grzywacz said he complied with plaintiff's request that he go and talk to the woman's friend. After a few minutes Grzywacz noticed that plaintiff was in the car alone so he returned to the squad car. Grzywacz stated that he did not notice a bottle of alcohol in the squad car.

Sergeant John Mahoney testified that in February of 1974, he was assigned to the 21st Police District. A written statement he took from plaintiff was admitted into evidence in which plaintiff denied ever touching Poellnitz and denied transporting an alcoholic beverage in a police vehicle. A citywide district and area map was admitted into evidence for the purpose of informing the Board of the areas in certain police districts including the 21st District to which plaintiff testified he was assigned on February 6, 1974.

After his motion for a directed finding was denied, plaintiff testified that on February 6, 1974, after having searched a man in front of the Afro-Kingdom Chicken Shack, he and his partner were on their way back to the 21st District in order to return to their beat. While stopped at a traffic light, he noticed the car next to them was occupied by two black females whom he had seen leaving the chicken place. Plaintiff stated that Poellnitz, sitting on the passenger side of the car, asked if he and his partner wanted some chicken. She then asked if they would follow her home to assure her safe arrival. The officers followed the women to 48th and Vincennes Streets which plaintiff said was 2 1/2 blocks from the 21st District. Plaintiff stated that Poellnitz got out of the car in which she was riding, walked back to the squad car, opened the door, asked if she could get in, and sat in the back seat on the passenger side. According to plaintiff, it was Poellnitz who asked his partner to go and sit in her girl friend's car. After plaintiff's partner left, Poellnitz told plaintiff that she and her friend had been at a dance, that she worked downtown, and that he should try to get in touch with her there at a later date. Plaintiff stated that the conversation lasted about five minutes and then he walked Poellnitz up to the apartment building and she went inside. Plaintiff denied ever touching her and denied there was a bottle of alcohol in the squad car.

Plaintiff testified that he had received numerous commendations for his police work, copies of which were admitted into evidence. He was also allowed to testify that his immediate supervisor would have testified that plaintiff was a good policeman, good worker, was on time and in proper uniform, and had been suspended only seven or eight days out of the 32 years he had been in the police department.

Based on this evidence, the Board made the following findings:

"5. The Respondent as charged herein, * * * is guilty of violating Rule 2, `Any action or conduct which impedes the Department's efforts to achieve its goals, or brings discredit upon the Department,' as set forth in findings 6, 7 and 8 hereof, in that his conduct is not that which the Department expects from a reasonable, diligent, prudent and cautious officer.

6. The Respondent as charged herein, * * * is guilty of violating Rule 10, `Inattention to duty,' in that on February 6, 1974, he remained outside his assigned beat and district (Beat #2123, i.e. patrol duty between 5700 South to 6100 South and Cottage ...


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