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Chisem v. McCarthy

Court of Appeals of Illinois, First District, Third Division

December 23, 2014

JAMIE CHISEM, Plaintiff-Appellant,
v.
GARRY M. McCARTHY, Superintendent of Police of the Chicago Police Department, and THE POLICE BOARD OF THE CITY OF CHICAGO, Defendants-Appellees

As Corrected January 16, 2015.

Page 878

[Copyrighted Material Omitted]

Page 879

Appeal fro the Circuit Court of Cook County. 12 CH 21729 . The Honorable Thomas R. Allen Judge, presiding.

Colleen R. Daly, of Colleen R. Daly Attorney at Law, LLC, of Chicago, for appellant.

Stephen R. Patton, Corporation Counsel, of Chicago (Benna Ruth Solomon, Myriam Zreczny Kasper, and Sara K. Hornstra, Assistant Corporation Counsel, of counsel), for appellees.

JUSTICE LAVIN delivered the judgment of the court, with opinion. Presiding Justice Pucinski and Justice Mason concurred in the judgment and opinion.

OPINION

Page 880

LAVIN, JUSTICE.

[¶1] Plaintiff Jamie Chisem appeals from an order of the circuit court of Cook County affirming his five-year suspension from the Chicago police department (CPD) imposed by defendant the Police Board of the City of Chicago (Board). On appeal, plaintiff contends that defendant Garry M. McCarthy, the superintendent of the CPD, and the Independent Police Review Authority (IPRA) filed untimely charges in violation of plaintiff's right to due process, the City of Chicago's municipal code (City's Code), Chicago Police Department General Order 93-03 (eff. Apr. 15, 2011), and the doctrine of laches. In addition, plaintiff contends that his five-year suspension was against the manifest weight of the evidence. We affirm.

[¶2] BACKGROUND

[¶3] On February 25, 2009, an incident occurred involving a possible curfew violation at a Chicago Walgreens located at 3405 South King Drive, between plaintiff, a CPD officer since 2003, and twin sisters Ashley and Tiffany Magby. Immediately following the encounter, the Magbys filed a formal complaint against plaintiff alleging unprofessional conduct. The IPRA conducted an investigation, and on December 2, 2011, the Superintendent filed charges alleging that plaintiff had violated five CPD Rules of Conduct (rules), including:

Rule 2: " Any action or conduct which impedes the Department's efforts to achieve its policy and goals or brings discredit upon the Department."
Rule 6: " Disobedience of an order or directive, whether written or oral."
Rule 8: " Disrespect to or maltreatment of any person, while on or off duty."
Rule 9: " Engaging in any unjustified verbal or physical altercation with any person, while on ...

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