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08/09/89 David Ealey, v. the Board of Fire and

August 9, 1989

DAVID EALEY, PLAINTIFF-APPELLANT

v.

THE BOARD OF FIRE AND POLICE COMMISSIONERS OF THE CITY OF SALEM ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT

544 N.E.2d 12, 188 Ill. App. 3d 111, 135 Ill. Dec. 655 1989.IL.1216

Appeal from the Circuit Court of Marion County; the Hon. David Sauer, Judge, presiding.

APPELLATE Judges:

JUSTICE GOLDENHERSH delivered the opinion of the court. LEWIS and HOWERTON, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE GOLDENHERSH

Plaintiff, David Ealey, a police officer with the City of Salem, appeals from the judgment of the circuit court of Marion County affirming the findings of defendant, Board of Fire and Police Commissioners of the City of Salem (Board). The Board found plaintiff guilty and terminated his employment. Plaintiff raises several issues on appeal. This court affirms.

On July 31, 1987, plaintiff filed a complaint for administrative review in the circuit court alleging that the findings by the Board were arbitrary, capricious, contrary to the law and against the weight of the evidence. The circuit court affirmed the Board's findings of fact, which are summarized as follows:

(1) That plaintiff on numerous occasions allowed a female, Rue Woodruff, to ride in a squad car while he was on duty for the sole purpose of pursuing a social relationship.

(2) That plaintiff drove outside the city limits while on duty to meet Woodruff to engage in activities unrelated to his duties as a police officer.

(3) That plaintiff while on duty transported Woodruff in his squad car while responding to a police emergency call.

(4) That plaintiff allowed Woodruff to operate an automobile in an intoxicated condition.

(5) That plaintiff while on duty used the Salem Police Department telephone for the purposes of making various long distance calls to Woodruff which were personal calls and unrelated to his official duties.

(6) That plaintiff stopped a juvenile motorist, confiscated a bottle of whiskey and delivered it to Woodruff.

(7) That plaintiff while on duty transported a female, Kenya Smith, for purposes unrelated ...


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