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Moran v. Illinois Civil Service Com.

OPINION FILED DECEMBER 27, 1983.

FRANK MORAN, PLAINTIFF-APPELLANT,

v.

ILLINOIS CIVIL SERVICE COMMISSION ET AL., DEFENDANTS-APPELLEES.



Appeal from the Circuit Court of Cook County; the Hon. James C. Murray, Judge, presiding.

JUSTICE CAMPBELL DELIVERED THE OPINION OF THE COURT:

Plaintiff, Frank Moran, appeals from the decision of the circuit court of Cook County affirming the finding of defendant, Civil Service Commission (Commission), that defendant, Department of Corrections (Department), had cause to discharge plaintiff from his position as correctional captain at Stateville Correctional Center (Stateville).

On appeal plaintiff raises the following issues: (1) whether plaintiff's rights under Rule 6(e) of the Federal Rules of Criminal Procedure were violated; (2) whether State courts> have jurisdiction to resolve issues concerning false testimony before a Federal grand jury; (3) whether a witness can be discharged from employment for his false testimony before a Federal grand jury; (4) whether there was "cause" for dismissal of plaintiff.

Plaintiff was charged by the Department with violating Department of Corrections Adult Administrative Regulation No. 207, which reads: "To ensure that the conduct of each employee of an Adult Division institution or facility will not bring discredit upon himself or the agency." The Director of the Department determined that plaintiff violated the regulation by giving false testimony under oath before a Federal grand jury. Following an administrative hearing, the Commission's hearing officer found that plaintiff's discharge was warranted. The Commission thereafter concurred in and adopted the recommendations of the hearing officer. Plaintiff filed a complaint in the circuit court seeking review of the Commission's decision. The circuit court affirmed.

The record discloses that on May 10, 1979, plaintiff testified before a Federal grand jury in regards to inmate beatings which occurred at Stateville. At the time of the beatings plaintiff was a correctional lieutenant. Subsequent to his grand jury testimony, plaintiff was granted immunity from prosecution and testified as a State witness at the criminal trial which arose from the grand jury investigation.

At the criminal trial on December 11, 1980, plaintiff testified as follows:

"Ms. Parkhurst [Assistant United States Attorney]: Mr. Moran, when you testified before the grand jury did you make any statements different there than you have testified to today?

Mr. Moran [Plaintiff]: Yes, I did.

Ms. Parkhurst: What did you say there that you said differently here?

Mr. Moran: When I testified before the grand jury I omitted the fact that I had entered the shower room in cell house B East.

Ms. Parkhurst: What is your understanding with respect to your status regarding your grand jury testimony?

Mr. Moran: There is a possibility I may be prosecuted for perjury for my false testimony in front of the grand jury and also that that information will re [sic] relayed to the Illinois

[Department] of Corrections for their decision.

Ms. Parkhurst: For their decision ...


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