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Kaske v. City of Rockford

OPINION FILED JANUARY 24, 1983.

JOHN KASKE, ET AL., APPELLANTS,

v.

THE CITY OF ROCKFORD ET AL., APPELLEES. — ROBERT COLLURA, APPELLANT,

v.

THE BOARD OF FIRE AND POLICE COMMISSIONERS OF THE VILLAGE OF ITASCA, APPELLEE.



No. 55501. — Appeal from the Appellate Court for the Second District; heard in that court on appeal from the Circuit Court of Winnebago County, the Hon. Harris H. Agnew, Judge, presiding.

No. 55599. — Appeal from the Appellate Court for the Second District; heard in that court on appeal from the Circuit Court of Du Page County, the Hon. Edwin L. Douglas, Judge, presiding.

JUSTICE CLARK DELIVERED THE OPINION OF THE COURT:

Rehearing denied April 8, 1983.

Rock, Fusco, Reynolds & Heneghan, of Chicago (Philip J. Rock and William Paul Jones, of counsel), for appellant Robert Collura.

Thomas F. McGuire, of Long Grove, for appellee Village of Itasca.

James A. Murphy, of Peoria, and James P. Manak and William E. Hornsby, Jr., of Chicago, for amicus curiae Illinois Association of Chiefs of Police.

Stanley H. Jakala, of Berwyn, for amicus curiae Faternal Order of Police, State of Illinois.

Richard F. McPartlin, of Chicago, for amicus curiae Illinois Police Association.

Heckenkamp and Simhauser, P.C., of Springfield (I.J. Feuer and Mark Rabin, of counsel), for amicus curiae Policemen's Benevolent and Protective Association.

This case is a consolidation of two different appeals concerning the giving of polygraph examinations to public law-enforcement officials and the admissibility of the polygraph results in administrative disciplinary proceedings. In cause No. 55501, the plaintiffs, Rockford police officers John Kaske and Paul A. Triolo, brought suit against the city of Rockford and its police chief seeking to prohibit the defendants from compelling the plaintiffs to undergo polygraph examinations. In cause No. 55599, the plaintiff, Itasca police officer Robert Collura, is challenging a decision of the Itasca board of fire and police commissioners ordering his discharge following a hearing in which the results of a polygraph examination were admitted into evidence. We discuss the latter case first.

Collura v. Board of Fire and Police Commissioners of the Village of Itasca.

On January 26, 1980, the chief of police of the village of Itasca, Stanley J. Rosol, filed charges before the Itasca board of fire and police commissioners against Itasca police officer Robert Collura. It was alleged that Officer Collura had on December 27, 1979, while on duty, made improper physical contact with Alicia Martinez. Officer Collura was also charged with making an untruthful report about what happened between him and Alicia Martinez. Alicia Martinez had made a statement to the chief of police that Officer Collura had sexually touched her while she was being detained on December 27 at the scene of a reported burglary.

Prior to the filing of charges by the chief of police, the plaintiff had been ordered to submit to a polygraph examination or face disciplinary action. Plaintiff appeared for the polygraph examination on January 8, 1980, and asserts that the polygraph examiner prejudged the plaintiff's veracity before the test was administered. The plaintiff also testified that the examiner was abusive and argumentative, which caused the plaintiff to become angry and hostile.

At the hearing before the Itasca board of fire and police commissioners the polygraph examiner was called as an expert witness and the results of the polygraph examination were admitted into evidence. The polygraph examiner testified that the plaintiff lied in answering questions concerning his alleged improper contact with Alicia Martinez. The operator indicated that he had four years of experience conducting examinations, and denied that he had prejudged Collura or had acted in a hostile or argumentative way toward the plaintiff. Counsel for the plaintiff attacked the competency of the examiner and objected to the admissibility of the examiner's testimony and the results of the polygraph test.

The board found Collura guilty of the charges and determined that his conduct warranted a discharge. Officer Collura filed for administrative review of the board's order pursuant to the Administrative Review Act (Ill. Rev. Stat. 1979, ch. 110, par. 264 et seq.). The circuit court of Du Page County affirmed the decision of the board of fire and police commissioners, and the appellate court, under Supreme Court Rule 23 (73 Ill.2d R. 23), found no error in the admission of ...


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