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HARE v. ZITEK

December 15, 2005.

RICHEY A. HARE, SR., Plaintiff,
v.
JOHN ZITEK, individually and in his official capacity as Chief of Police of the Stickney Police Department, THE VILLAGE OF STICKNEY POLICE DEPARTMENT, DONALD TABOR, individually and in his official capacity as President of the Village of Stickney, and THE VILLAGE OF STICKNEY, a municipal corporation, Defendants.



The opinion of the court was delivered by: ARLANDER KEYS, Magistrate Judge

MEMORANDUM OPINION AND ORDER

Richey Hare joined the Stickney Police Department in 1986. In 2002, he sued the department, as well as the Village of Stickney, Stickney's Chief of Police (John Zitek), and Stickney's Mayor (Donald Tabor), alleging that these defendants retaliated against him because he uncovered and exposed corruption within the Police Department and within the Village. Specifically, he claims that the defendants harassed and intimidated him, going so far as to attempt to trump up a sexual assault case against him, all in violation of 42 U.S.C. § 1983, and in furtherance of a conspiracy to violate 42 U.S.C. § 1983. The case is before the Court on a motion for summary judgment filed by the defendants. Factual Background

A. Richey Hare, John Zitek & the Stickney Police Department

  Richey Hare has served as a member of the Stickney Police Department since 1986. (Hare Dep. 6/13/03 pp. 59, 70). He served initially as an auxiliary or reserve police officer, was promoted up through the ranks, and eventually attained the rank of Lieutenant. (Hare Dep. 6/13/03 pp. 59, 70). In May of 1999, he became "Commander" when the previous Commander died suddenly; the Commander position, which is sometimes referred to as the "Chief of Detectives" and was, at that time, second in command only to the Chief, was created under John Zitek, who has served as Stickney's Chief of Police since June 1993. (Hare Dep. 6/13/03 pp. 70-72; Zitek Dep. 6/23/04 pp. 5, 17, 27-28, 65-67; Plaintiff's Exhibit 10 — Rules and Regulations of Stickney Police Department, Table of Organization).*fn1

  Chief Zitek recommended that Mr. Hare be promoted to the Commander post because, in his view, Mr. Hare was "a very good officer," he was "competent" and "bright." (Zitek Deposition p. 68). Despite this endorsement, it is clear that there is no love lost between Chief Zitek and Mr. Hare. The parties agree that the relationship between the two was, at least after Mr. Hare became Commander, frosty. And both parties agree that, to the extent it was intact at the time, the relationship between Mr. Hare and Chief Zitek totally broke down on July 17, 2000.

  B. The Heather Hanlon Incident

  That day, Mr. Hare returned to work after a vacation and learned that Heather Hanlon, a radio dispatcher who had been hired by Chief Zitek in 1997, had forged his computer signature to run a criminal background check through the National Crime Information Center. (Hare Dep. 8/13/03 p. 198; Hanlon Dep. p. 8). When Mr. Hare confirmed that Ms. Hanlon had used his name for a criminal background check, he reported her conduct to Chief Zitek and requested Ms. Hanlon's resignation, as well as a letter from Ms. Hanlon stating that she used Mr. Hare's name to run a background check without his authorization. (Hare Dep. 8/13/03 pp. 204-205). According to Mr. Hare, Chief Zitek initially agreed with him. (Hare Dep. 8/13/03 p. 205). Mr. Hare then called Ms. Hanlon at her house and asked for her letter of resignation, which she brought to the Police Department within an hour. (Hare Dep. pp. 205-207).

  Mr. Hare then made a copy of Ms. Hanlon's letter and brought it to Chief Zitek's office. (Hare Dep. 8/13/03 p. 211). At that time, Chief Zitek advised Mr. Hare that he had decided not to fire Ms. Hanlon, but that he had decided instead to suspend her for two months. (Hare Dep. 8/13/03 p. 212). Mr. Hare replied that he already had her letter of resignation and that he was not willing to accept any lesser punishment for her than that. (Hare Dep. pp. 8/13/03 pp. 212-213). Mr. Hare maintained that if Ms. Hanlon did not resign, the only other alternative would be to prosecute her criminally, because her conduct constituted a felony. (Hare Dep. 8/13/03 pp. 213-214). Mr. Hare and Chief Zitek continued to argue about whether Mr. Hare would be able to bring criminal charges. (Hare Dep. 8/13/03 214-217). Finally, according to Mr. Hare's testimony, Chief Zitek stated that the only way Ms. Hanlon was going to jail was if Chief Zitek went with her, and Mr. Hare replied that if Chief Zitek would obstruct her arrest, he would have to go to jail as well. (Hare Dep. 8/13/03 pp. 217, 223). Mr. Hare testified that, at that point, Chief Zitek said that he was going to report Mr. Hare to the Mayor, and he stormed out of the office. (Hare Dep. 8/13/03 p. 223). After Chief Zitek, Mr. Hare left the police station. (Hare Dep. 8/13/03 pp. 223-224). Mr. Hare testified that both he and Chief Zitek were speaking loudly during the conversation, with the door to Chief Zitek's office open, so that many people could hear them arguing. (Hare Dep. 8/13/03 p. 217-218). Up to the point where they both left the Chief's office, the testimony of Mr. Hare and Chief Zitek is substantially the same. Their testimony diverges substantially, however, about how the events unfolded after that point.

  According to Mr. Hare, after he left, Chief Zitek paged him and ordered him to return to the station. (Hare Dep. 8/13/03 p. 290). Mr. Hare went to Chief Zitek's office, where he found not only Chief Zitek, but also Donald Tabor, who has served as the Mayor of the Village of Stickney since 1999, and James Dolezal, who was once Stickney's Chief of Police and who now serves as a Village Trustee and the Chairman of the Board of Trustees' Police Committee. (Hare Dep. 8/13/03 pp. 290-291; Tabor Dep. 7/23/04 pp. 14-15; Dolezal Dep. pp. 10-12, 14). Mr. Hare testified that, when he walked into the office, Chief Zitek started screaming that he was the Chief of Police, while Mr. Hare was nobody, and that if Mr. Hare did not like how Chief Zitek ran his department, he could leave. (Hare Dep. 8/13/03 pp. 292, 295-296). The meeting then ended. (Hare Dep. 8/13/03 p. 296).

  Chief Zitek's recollection of the conversation is different. Chief Zitek testified that Mr. Hare threatened to arrest him, that Mr. Hare was angry, proclaiming that he, not Chief Zitek, should be the Chief of Police and that Chief Zitek was a Chicago cop who did not belong at the Stickney Police Department. (Zitek Dep. 6/23/04 p. 137, 127-128). Chief Zitek testified that Mr. Hare "lost it," and "went totally ape, totally nuts"; he testified that Mr. Hare called him "all sorts of names," and told him that he would use his connections with Trustee Dolezal to remove the Chief from office and take over his job. (Zitek Dep. 6/23/04 pp. 127-128). Chief Zitek testified that Mr. Hare had never spoken to him in this manner before. (Zitek Dep. 6/23/05 p. 133). Mr. Hare denies Chief Zitek's assertion about what happened during the July 17 meeting. (Hare Dep. 4/28/04 pp. 222-223).

  Trustee Dolezal, who confirmed that he was present during this meeting, would seem to side with Mr. Hare: he testified that Mr. Hare was respectful and used the word "sir" when referring to Chief Zitek, and he testified that Mr. Hare never said he wanted to be Chief or that he wanted to get rid of Chief Zitek. (Dolezal Dep. pp. 46, 70-71). Mayor Tabor similarly confirmed that he was present during this meeting, and he similarly testified that Mr. Hare referred to Chief Zitek as "sir" throughout the encounter. (Tabor Dep. 1/26/05 p. 27). On the other hand, Mayor Tabor also testified that Mr. Hare told Chief Zitek that he was after Chief Zitek's job. (Tabor Dep. 1/26/05 pp. 27).

  Mr. Hare testified that, after the meeting, he returned to his office and spoke with the Mayor about certain improprieties within the police department that he and some other police officers were concerned about. (Hare Dep. 8/13/03 p. 299, 301-306). According to Mr. Hare, Mayor Tabor responded that he would look into the issues, but that the incident involving Heather Hanlon was over, that he would accept Ms. Hanlon's resignation. (Hare Dep. 8/13/03 p. 306).

  Mr. Hare testified that, after talking with Mayor Tabor — both about the Heather Hanlon incident and about his perceptions of corruption in the department, he called an attorney who had helped him out in the past to report the events that had just transpired; he testified that he contacted the attorney because he "knew that Chief Zitek was going to come after me for what had just happened]." (Hare Dep. 8/18/03 p. 260).

  C. Mr. Hare's Allegations of Corruption in Chief Zitek's Department

  In their motion for summary judgment, the defendants focus primarily on the Heather Hanlon incident. They argue that, to the extent Mr. Hare was treated badly by Chief Zitek or by the Village, that mistreatment was a result of animosity created because of the Heather Hanlon incident. Mr. Hare argues otherwise; in his view, the story begins not in July 2000 when the Heather Hanlon incident occurred, but in May of 1999. According to Mr. Hare, this case really begins shortly after Chief Zitek appointed him to the post of Commander. At that time, Mr. Hare assumed, among other responsibilities, the responsibility to maintain and control the police department's evidence room. (Hare Dep. 6/13/03 pp. 73-74). In that capacity, upon assuming the role of commander, Mr. Hare immediately performed a preliminary audit of the room. (Hare Dep. 6/13/03 p. 78). At his deposition, Mr. Hare testified that he found irregularities, such as unmarked evidence, evidence of a suspicious nature, and lack of uniformity. (Hare Dep. 6/13/03 p. 77). Mr. Hare also testified that, when he reported to Chief Zitek that he found discrepancies, Chief Zitek laughed and told Mr. Hare not to worry about it, that it was over, and that "it lies with the dead man" — presumably meaning the previous Commander who had died and whose post Mr. Hare had assumed. (Hare Dep. 6/13/03 p. 91). Mr. Hare testified that he wanted to bring in the Illinois State Police for an independent audit, but that Chief Zitek ordered him not to. (Hare Dep. 6/13/03 p. 99-100).

  After Mr. Hare conducted his preliminary audit, he attended a one week Property and Evidence Management course at the Naperville Police Department. (Hare Dep. 6/13/03 p. 107; Plaintiff's Exhibit 18, Evidence Room Discrepancies). Mr. Hare testified that, after the course, he again spoke with Chief Zitek about bringing in an outside agency for an independent audit, an idea Chief Zitek again shot down. (Hare Dep. 6/13/03 p. 111). Mr. Hare testified that Chief Zitek repeated that the issue was over and that it "lies with the dead man." (Hare Dep. 6/13/03 p. 110-111). Mr. Hare testified that he and Captain Elias, a fellow officer, then conducted a complete audit and determined that: evidence was in a state of disarray; some evidence was missing, including a kilo of cocaine, some silver and gold coins, and other money; a lot of evidence was unaccounted for; and they had "no idea what half of the stuff was." (Hare Dep. 6/13/03 pp. 119-122). Various officers, including Sergeant Philippon, Jeffrey Walik, and Joseph Kretch, testified that Mr. Hare and Captain Elias discussed with them the missing evidence. (Philippon Dep. p. 33; Walik Dep. p. 11; Kretch Dep. p. 196).

  Chief Zitek's testimony, on the other hand, differs substantially from Mr. Hare's on the point of the evidence locker. In his deposition, Chief Zitek denied that he ever refused Mr. Hare's request to bring in an outside agency. (Zitek Dep. 6/23/04 p. 77). In fact, he testified that, after the final audit, Mr. Hare reported to him that everything was perfect and there was nothing wrong. (Zitek Dep. 6/23/04 p. 73).

  Beyond the evidence locker irregularities, Mr. Hare also testified that he and fellow police officers suspected that criminal activity was happening at the Police Department because large amounts of money that previously went to the Treasurer's Office were now going through Chief Zitek. (Hare Dep. 8/13/03 p. 288). The officers suspected that Chief Zitek misappropriated money received by the Police Department through parking tickets, bail postings, prostitution stings, etc. (Philippon Dep. p. 9; Walik Dep. p. 7). In fact, officer Walik testified that, on several occasions, he saw Chief Zitek open parking ticket envelopes and remove the cash out of them, commenting that he needed money to take his wife out for dinner. (Walik Dep. pp. 8-9).

  Mr. Hare also testified that he saw Chief Zitek open envelopes containing money for parking violations, fines, and bonds, and put the cash he took out of the envelopes into his desk drawer. (Hare Dep. 8/13/03 pp. 246-247). Similarly, Dora Madsen, the Village Treasurer, testified that, on several occasions, she witnessed Chief Zitek take cash from parking ticket funds and put it in his pockets. (Madsen Dep. p. 78).

  The officers also testified that they were concerned that Chief Zitek kept part of the money that the Village received for off duty details performed by the police officers. Before Chief Zitek changed the policy, police officers were paid by a check from the Village for working off duty details on special events. (Hare Dep. 6/13/03 p. 186). Chief Zitek started the practice of paying officers in cash. (Hare Dep. 6/13/03 p. 186). Chief Zitek admitted that officers were sometimes paid in cash for their off duty details; he also admitted that he did not know whether taxes were withheld from officers who received such cash payments. (Zitek Dep. 6/25/04 p. 282). Officer Figueroa testified that he discovered that Chief Zitek received compensation for the Laramie Fire Watch detail, where police officers watch the garbage dump, even though he was not aware that Chief Zitek ever worked that detail. (Figueroa Dep. p. 10-12, 16, 18). Mr. Hare testified that, on at least two occasions, Chief Zitek endorsed checks issued to the Village of Stickney as payments for off duty details, ordered Mr. Hare to cash the checks at a bank, through a personal friend of his, and then took the cash from the checks, paying the officers who worked those events in cash. (Plaintiff's Exhibit 20: Hare Cook County Grand Jury Testimony, pp. 24-31). Mr. Hare testified that part of the cashed checks included reimbursements to the Village for use of its squad cars, and that the entire amount of the checks was supposed to be processed through the Village. (Plaintiff's Exhibit 20: Hare Cook County Grand Jury Testimony p. 30).

  Mr. Hare, Officers Walik and Kretch, Sergeant Philippon and Captain Elias met several times to discuss their suspicions of corruption at the Police Department. (Hare Dep. 8/13/03 p. 235). Mr. Hare testified that he first met with an attorney to discuss these suspicions as early as July 5, 2000. (Hare Dep. 8/13/03 p. 231). However, Mr. Hare also testified that, because Chief Zitek instituted a policy prohibiting police officers from speaking with Village officials, he did not report the alleged misconduct to Mayor Tabor until July 17, 2000, after the altercation involving the Heather Hanlon incident. (Hare Dep. 8/13/03 p. 301).

  The evidence shows that, even before the Heather Hanlon incident, Mr. Hare met several times with other police officers to discuss their suspicions of corruption at the Police Department. (Hare Dep. 8/13/03 p. 253). The officers also shared their suspicious with various attorneys. (Hare Dep. 8/13/03 p. 235). At the time, the officers were unsure what agency was the appropriate body to investigate the alleged improprieties at the Police Department. (Hare Dep. 8/13/03 p. 231).

  D. The State's Attorney & The Grand Jury

  On August 16, 2000, Mr. Hare and other members of the Stickney Police Department — namely, Sergeant Philippon, Officer Kretch and Officer Walik — finally met with the Cook County State's Attorney's Office ("SAO") to report their suspicions. (Hare Dep. 8/13/05 p. 258; Philippon Dep. p. 8, 23; Kretch Dep. p. 13). At the time, Chief Zitek was the main subject of the officers' complaint. (Kretch Dep. p. 147; Philippon Dep. pp. 10, 22).

  Sometime around October of 2000, the SAO started a grand jury investigation of the Police Department. (Stratton Dep. 11/19/03 p. 11). Karyn Stratton, a 19-year veteran with the Public Integrity Unit, was assigned to the case. (Stratton Dep. 11/19/03 p. 7). Ms. Stratton testified that her investigation revealed some evidence of Chief Zitek's misconduct to support the officers' allegations. (Stratton Dep. 11/19/03 p. 61). As a result of the grand jury investigation, Ms. Stratton uncovered theft at the Police Department in excess of $200,000. (Stratton Dep. p. 120). Ms. Stratton testified that the missing money consisted of cash taken from bonds, police fines, prostitution stings, etc. (Stratton Dep. p. 120). According to Ms. Stratton's testimony, she did not indict Chief Zitek, because, even though she believed he had stolen money from the department, given her experience with the Village, the Village would hinder her investigation, and she would ultimately be unable to prove Chief Zitek's corruption and theft beyond a reasonable doubt. (Stratton Dep. pp. 136-137). It is clear that, at some point, Chief Zitek and the other Village officials learned about the SAO's investigation. But the parties disagree on when they learned about it and when they learned that Mr. Hare was involved with it. The defendants argue that "there is no testimony or other evidence" that Chief Zitek knew that Mr. Hare was one of the "whistleblowers." (Defendant's SOF ¶ 118). Mr. Hare, on the other hand, points to certain portions of deposition transcripts that suggest that Chief Zitek knew, from the early stages of the SAO investigation, that Mr. Hare was one of the "whistleblowers." (Plaintiff's Response to ¶ 118 of Defendants' SOF).

  For example, Mr. Hare testified that, on October 18, 2000, he met with Trustee Dolezal and informed him about the SAO's investigation of the Police Department. (Hare Dep. 4/28/04 pp. 213-214). Trustee Dolezal testified that, after his conversation with Mr. Hare, he went to the Village Treasurer, Dora Madsen, and informed her that the SAO was conducting an investigation, in which she should cooperate, and that Chief Zitek was the target of the investigation. (Dolezal Dep. p. 33). Trustee Dolezal also testified that he might have reported to Mayor Tabor that Mr. Hare had gone to the SAO. (Dolezal Dep. p. 65).

  Additionally, when Ms. Stratton interviewed Ms. Madsen at the Police Department in October 2000, Mayor Tabor and Chief Zitek told her that they had the right to know what the interview was about. (Stratton Dep. 11/19/03 pp. 107-108). According to Ms. Stratton, Chief Zitek told her that he knew about the investigation, because one of his friends received a subpoena. (Stratton Dep. 11/19/03 p. 107; 12/13/04 p. 83). Ms. Madsen testified that, after Ms. Stratton interviewed her, Ms. Madsen informed Mayor Tabor and the trustees at the Village what the conversation was about. (Madsen Dep. p. 18).

  Mayor Tabor, on the other hand, testified that, while he found out about the investigation the day Ms. Stratton came to interview Ms. Madsen, he learned about the nature of the investigation only several months later, from Trustee Dolezal. (Tabor Dep. 7/23/04 pp. 45, 48). Mayor Tabor also denies that he asked Ms. Stratton anything about the investigation or the individuals involved. (Tabor Dep. 7/23/04 pp. 47-48).

  Mr. Hare testified that, on or about November 10, 2000, he received a telephone call from Robert Rivkin, an attorney who was working for the Village. (Hare Affidavit ¶ 13). Mr. Hare testified that Mr. Rivkin told him that he was an attorney retained by the Village regarding the corruption investigation, and that he wanted to meet with Mr. Hare to learn the basis of Mr. Hare's knowledge about the allegations of corruption. (Hare Affidavit ¶ 14). Mr. Hare informed Mr. Rivkin about his grand jury testimony and the knowledge he had of corrupt practices. (Hare Affidavit ¶¶ 15-18). On November 28, Mr. Hare had a second meeting with Mr. Rivkin at the Village Hall, where Mr. Rivkin advised him that he had told Mayor Tabor and the Village Trustees about Mr. Hare's allegations of corruption. (Hare Affidavit ¶¶ 19-20).

  Donald Kreger, the main attorney for the Village of Stickney, testified that Robert Rivkin was asked by Mayor Tabor on behalf of the Village to conduct an investigation into allegations of corrupt practices by Village personnel. (Kreger Affidavit ¶¶ 2-3). Mr. Kreger also testified that Mr. Rivkin communicated the results of his investigation to various Village officials. (Kreger Affidavit ¶ 3).

  Meanwhile, the subject of corruption at the Stickney Police Department was picked up by a local newspaper. Susan Locander, a freelance reporter, authored an article entitled Kreger: Stickney Won't Punish the "Whistleblower" published on March 28, 2001. (Locander Dep. pp. 5-6, 30; Plaintiff's Exhibit 42 — 2 newspaper articles written by Ms. Locander about the Police Department investigation). Ms. Locander testified that she remembered Mayor Tabor saying that Mr. Rivkin told him about the officers' concerns in October 2001. (Locander Dep. pp. 27, 30). Ms. Locander also wrote in her article that the Village had received anonymous tips about the identities of the whistleblowers around the time the SAO investigation started. (Locander Dep. p. 33; Plaintiff's Exhibit 42).

  E. Mr. Hare's Allegations of Retaliation, Intimidation & Harassment

  In his complaint, Mr. Hare asserts that he was a victim of retaliation as a result of his speaking out to the SAO about his suspicions of corruption at the Stickney Police Department. (First Amended Complaint, ¶ 40). Some of the alleged acts of retaliation include the Village's failure to provide him with legal representation during grand jury proceedings, changes in duties and responsibilities, the initiation of criminal charges against Mr. Hare, the pursuit of the petition to revoke Mr. Hare's firearm license, and the interference with the Stickney Police Pension Board hearings and operations to prevent and later to reverse Mr. Hare's line of duty disability. (First Amended Complaint ¶ 42). The Court will discuss the details of these allegations below.

  Mr. Hare first claims that the Village retaliated against him by failing to provide him with legal representation during the grand jury testimony. On October 25, 2000, grand jury subpoenas were issued for the testimony of Mr. Hare and several other officers. (Plaintiff's exhibit 19 — Cook County Grand Jury Subpoenas). Mr. Hare alleges that before their grand jury testimony, the Village offered subpoenaed officers legal representation, but that he — unlike the others — received no such offer. (Plaintiff's memorandum in opposition to the motion for summary judgment, p. 18). For example, Mayor Tabor called Officer Fox to inform him that the Village would provide him with a lawyer (Fox Dep. pp. 45-46); Chief Zitek called Mark Kozelka and referred him to Mayor Tabor to discuss his legal representation (Kozelka Dep. pp. 11, 13). Mr. Hare testified that nobody from the Police Department called him or paged him after the Department received his subpoena. (Hare Dep. 4/28/04 p. 126).

  Mr. Hare also claims that his duties and responsibilities were significantly changed after his grand jury testimony. Mr. Hare testified that, on or about December 1, 2000, Chief Zitek transferred him from the Detective Unit to the position of watch commander and reassigned him to patrol duties. (Hare Affidavit ¶ 11). Before the transfer, Mr. Hare worked regular shifts from 8 a.m. until 4 p.m., with weekends and holidays off and almost unlimited overtime opportunities. (Hare Affidavit ¶¶ 8-9; Plaintiff's Exhibit 14 — Chief Zitek's memo assigning Mr. Hare to the 8-4 shift Monday through Friday). Mr. Hare also testified that, prior to December 1, 2000, he was provided with an unmarked, take-home police car, which he drove 24 hours a day; and he also had a Police Department cell phone and pager. (Hare Affidavit ¶ 10). According to Mr. Hare's testimony, before December 1, 2000, he was in charge of the Evidence Technical Unit, Latent Fingerprint Unit, K-9 Unit, Auxiliary Police Unit, Police Department Evidence Locker and Crime Suppression Unit, as well as the Badge Grand Program. (Hare Affidavit ¶ 8). Mr. Hare testified that, on December 1, 2000, Chief Zitek took away the unmarked car and stripped Mr. Hare off all of the above duties and responsibilities. (Hare Affidavit ¶ 11). Instead, after December 1, 2000, according to Mr. Hare's testimony, he worked the 3 p.m. to 11 p.m. shift, with limited overtime opportunities. (Hare Affidavit ¶ 11).

  On or about January 18, 2001, Chief Zitek issued a memorandum, which included changes in shifts and assignments for members of the Police Department. (Plaintiff's Exhibit 34). Mayor Tabor testified that Chief Zitek had the authority to make shift changes. (Tabor Dep. 7/23/04 p. 126). As a result of the changes, many officers filed grievances with the Union and the changes were, for the most part, overruled. (Fox Dep. pp. 71-72; Kozelka Dep. pp. 35-36; Kretch Dep. p. 230). The changes Chief Zitek made to Mr. Hare's assignment were not overruled, despite Mr. Hare's multiple requests to Chief Zitek on December 1, 2000, on January 24, 2001, and on January 26, 2001, for an explanation as to why his shift was changed and for a transfer back to the day shift. (Mr. Hare's letters: Plaintiff's Exhibits 33, 37, 38). On January 29, 2001, Chief Zitek issued another memorandum, stating that Mr. Hare's assignment to the 3-11 shift was permanent. (Plaintiff's Exhibit 39).

  Chief Zitek does not dispute that he changed Mr. Hare's duties, but he testified that he did so because of the Heather Hanlon incident on July 17, 2000. (Zitek Dep. 6/25/04 p. 440). Chief Zitek also testified that, after the Heather Hanlon incident, he wanted Mr. Hare as far away from him as possible, and that he felt that he couldn't trust Mr. Hare. (Zitek Dep. 6/23/05pp. 143, 145).

  On April 10, 2001, after Mayor Tabor's political party won the Village elections, Chief Zitek wrote a memorandum to Mayor Tabor and the Board of Trustees, requesting that the rank of Commander be eliminated, and that Mr. Hare be returned to his civil service rank of Lieutenant. (Tabor Dep. 1/26/05 pp. 21; Plaintiff's exhibit 40). In this memorandum, Chief Zitek explained his request by referring to the argument he had with Mr. Hare in July, 2000. (Plaintiff's exhibit 40). On April 19, 2001, Mr. Hare wrote to Chief Zitek to clarify his duties, and in the letter, he told Chief Zitek that he considered his change in job duties to be an act of retaliation. (Plaintiff's Exhibit 41). Mr. Hare never received a response to this letter. (Zitek Dep. 6/25/04 p. 465).

  Mr. Hare also alleges that Chief Zitek retaliated against him by trying to force criminal charges against him as a result of a comment Mr. Hare made during a victim interview at the police station. (First Amended Complaint ¶¶ 30-35). On December 6, 2000, Kim Koudelka came into the Stickney police station claiming that she had been the victim of an assault. (Koudelka Dep. p. 10). Ms. Koudelka stated that she managed to get away from her attacker and drove to the police station, where she spoke with Mr. Hare. (Koudelka Dep. p. 11). Police officers made a sketch of the assailant based on her description, and then took photographs of her injuries. (Ms. Koudelka Dep. p. 12). During the time the photographs were taken, Mr. Hare was present in the room and asked, jokingly, whether Ms. Koudelka would like some wallet-sized photographs. (Koudelka Dep. pp. 13-14). Ms. Koudelka testified that the comment made her angry, but that everything made her angry at that time; she testified that the comment did not make her uncomfortable. (Koudelka Dep. p. 14).

  Theresa Sheputis, Ms. Koudelka's mother, saw Chief Zitek during municipal elections in April, 2001, and asked him about the investigation of her daughter's assault. (Sheputis Dep. pp. 8-10). Ms. Koudelka testified that, after the conversation with her mother, Chief Zitek called her more than 20 times in an effort to get her to come to the police station. (Koudelka Dep. p. 147). Ms. Koudelka testified that Chief Zitek was asking her about the wallet size comment made by Mr. Hare ...


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