The opinion of the court was delivered by: Shadur, District Judge.
MEMORANDUM OPINION AND ORDER
Samuel Coleman ("Coleman") has sued the Village of Robbins
("Robbins"), three Robbins officials and Cook County Deputy
Sheriff Al Fiorenzo ("Fiorenzo") under 42 U.S.C. § 1983
("Section 1983").*fn1 Coleman alleges various violations of
his constitutional rights in connection with his termination as
a Robbins Special Investigator. Robbins and its three officials
(solely for convenience termed "defendants," even though
Fiorenzo has not joined in the motion) have moved to dismiss.
For the reasons stated in this memorandum opinion and order,
defendants' motion is granted in part and denied in part.
Coleman became a Robbins police officer in 1948 and served
for many years thereafter. Beginning sometime in 1970 and
until December 1, 1977 he was employed on a part-time basis
for special police projects. Throughout the entire period
Coleman had the duties and powers of a sworn police officer.
On December 1, 1977 Robbins' Board of Trustees (the "Board")
appointed Coleman Special Investigator to probe for corruption
in the Robbins police force. Coleman found evidence of
widespread police corruption and implications of the
involvement of Robbins Mayor Marion Smith ("Smith"). In April
1978 Coleman reported his findings to the Board and to the
Cook County State's Attorney.
In an effort to suppress the investigation, Smith fired
Coleman and abolished the Robbins police force, calling on the
Cook County Sheriff's police to patrol Robbins. Smith acted
without Board approval or authority.
Sometime in 1979 Robbins police officers who had been
discharged by Smith were reinstated with back pay, but Coleman
has repeatedly been refused back pay. Coleman continued his
activities as Special Investigator through spring 1979.
On April 3, 1979 Coleman responded to a local businessman's
report that Robbins Chief of Police Gordon Frierson
("Frierson") had attempted to obtain free services for Robbins
police officers. Coleman investigated the matter and reported
to the Board, which reprimanded Frierson. Before becoming
Robbins police chief, Frierson had been the Cook County
Sheriff's Deputy charged with patrolling Robbins in place of
the disbanded Robbins police force.
Smith, Frierson and Fiorenzo and unknown others then
conspired to harass and discredit Coleman. Pursuant to that
conspiracy, on June 22, 1979 Fiorenzo arrested Coleman in his
home without a warrant and caused him to be charged with
wrongfully impersonating a police officer. In July 1979 a Cook
County Circuit Court judge dismissed the charges against
Coleman's Section 1983 Claims
True, Coleman's Complaint is none too clear in setting forth
his Section 1983 contentions.*fn3 Nevertheless claims along
these lines can be inferred:
1. Smith terminated Coleman's employment as
Special Investigator in retaliation for Coleman's
exercise of his First Amendment*fn4 right to
report to the proper authorities the illegal
activities he had discovered.
2. Frierson retaliated against Coleman for
reporting Frierson's improprieties, by conspiring
with Smith and Fiorenzo ...