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03/03/88 Karen Levitt, v. Melbourne E. Gorris

March 3, 1988

KAREN LEVITT, PLAINTIFF-APPELLEE

v.

MELBOURNE E. GORRIS, CHIEF OF POLICE OF THE VILLAGE OF ORLAND PARK, ET AL., DEFENDANTS-APPELLANTS



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION

520 N.E.2d 1169, 167 Ill. App. 3d 88, 117 Ill. Dec. 818 1988.IL.287

Appeal from the Circuit Court of Cook County; the Hon. Lester D. McCurrie, Judge, presiding.

APPELLATE Judges:

JUSTICE LINN delivered the opinion of the court. JIGANTI, P.J., and JOHNSON, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINN

Plaintiff, Karen Levitt, brought an action in the circuit court of Cook County against defendants, the Village of Orland Park (Village) and Melbourne Gorris, the chief of police of Orland Park. Plaintiff sought damages and injunctive relief for injuries that she allegedly sustained by her discharge as a probationary police officer with the Orland Park police department.

Defendants moved to dismiss plaintiff's first amended complaint. The trial court denied the motion, but certified the following questions for review under Supreme Court Rule 308 (107 Ill. 2d R. 308):

"(a) Do the rules and regulations of a board of fire and police commissioners grant rights of employment to a probationary police officer?

(b) Does a Village have liability for the discretionary acts of its board of fire and police commissioners?

(c) Do the allegations of the First Amended Complaint sufficiently state a cause of action for the injunctive relief sought?

(d) Are the allegations of the First Amended Complaint sufficient to state a cause of action against the Chief of Police for the tortious interference of a parol officer's claimed employment contract?

(e) Can punitive damages be claimed against a Chief of Police for the alleged tortious interference with a probationary police officer's claimed employment contract?"

We reverse and remand with ...


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