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HAYES v. CITY OF CHICAGO

April 7, 1989

RAYMOND HAYES, Plaintiff,
v.
CITY OF CHICAGO, FRED RICE, and JOSEPH BEAZLEY, Defendants


James H. Alesia, United States District Judge.


The opinion of the court was delivered by: ALESIA

JAMES H. ALESIA, UNITED STATES DISTRICT JUDGE.

 Plaintiff Raymond Hayes ("Hayes") brought this civil rights action before this Court against defendants, City of Chicago ("the City"), Fred Rice ("Rice"), and Joseph Beazley ("Beazley"), pursuant to 42 U.S.C. ยง 1983. In his complaint, as amended, Hayes alleges that the City, under color of law through its agents Rice and Beazley, unlawfully suspended plaintiff from duty and sought to separate him from the Chicago Police Department. Plaintiff claims that defendants' actions were retaliatory in nature and violated his First Amendment rights to free speech and to petition the government for redress of grievances. As a result, Hayes seeks declaratory and injunctive relief, as well as compensatory and punitive damages. Pursuant to Fed. R. Civ. P. 12(b)(6), defendants filed a motion to dismiss the complaint for failure to state a cause of action upon which relief can be granted. For the reasons set forth below, this Court grants defendants' motion to dismiss plaintiff's complaint.

 FACTS

 The undisputed facts as provided by the plaintiff are as follows:

 Plaintiff Hayes was a police officer employed by the Chicago Police Department, where Rice was the Superintendent of Police and Beazley was the Director of the Personnel Division. Following an incident in which Hayes discharged his weapon in the course of duty, Hayes was interviewed by Dr. Eric Ostrov, a clinical psychologist and Director of Police Evaluation. On July 5, 1983, defendants placed Hayes on the medical rolls based upon Dr. Ostrov's recommendations. Plaintiff was on medical leave for approximately one year, during which time he underwent therapy with Dr. Maisha Bennett and had several more interviews with Dr. Ostrov, who saw no improvement in his condition. Based upon Dr. Ostrov's report, defendant Beazley determined that Hayes was not fit for duty. Hayes was given a leave of absence for disability pension. As a result, plaintiff stopped receiving pay or benefits from the police department.

 Hayes filed a grievance with the Fraternal Order of Police, Lodge No. 7 against the City at about the time that Rice placed him on non-duty disability. In his grievance, Hayes charged that Rice violated the collective bargaining agreement by relying on improper criteria to discipline him, and that Rice's order was without just cause. Hayes' grievance was submitted to impartial arbitration.

 Hayes also sought benefits from the Retirement Board of the Policeman's Annuity and Benefit Fund of the City of Chicago. As part of this process, Hayes underwent medical and psychiatric evaluations. These evaluations confirmed that Hayes was not disabled and was fit to return to duty. Consequently, the Board refused to extend disability or retirement benefits to him.

 On September 28, 1984, Hayes filed suit against Rice and the City, seeking active duty, medical leave, or disability status. On December 23, 1985, the arbitrator ordered the City to reinstate plaintiff to full-time active duty and to compensate him for lost wages and benefits. The City refused to comply with the award and applied to the Circuit Court of Cook County to vacate it. The Cook County Circuit Court denied the application and confirmed the arbitrator's award on February 14, 1986.

 Hayes now asserts that defendants intentionally and maliciously retaliated against his rights to free speech and to petition the government for the protection of his right to work and pursue his career. Specifically, Hayes alleges that defendants retaliated against him in the following ways:

 
(1) defendants investigated Hayes and falsely charged him with the use of marijuana and refusal to obey an order;
 
(2) defendants sought Hayes' separation from the Chicago Police Department based on false and contradictory evidence of drug use;
 
(3) defendants required Hayes to perform maintenance duties, which included pumping gasoline into squad cars, washing supervisors' cars, and fingerprinting arrested persons;
 
(4) defendants ordered Hayes to attend therapy sessions, but refused to reimburse him any therapist's fees or consider the time spent ...

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