United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
JORGE ALONSO UNITED STATES DISTRICT JUDGE.
the Court is defendants' motion to dismiss
plaintiff's first amended complaint pursuant to Federal
Rule of Civil Procedure 12(b)(6). For the following reasons,
defendants' motion  is granted. Plaintiff is given a
final opportunity to amend his complaint by April 30, 2018 to
state a claim or this matter will be dismissed with
November 2015, plaintiff filed a seven-count complaint
against his former employer and several individuals alleging
a violation of the Americans with Disabilities Act
(“ADA”) and First Amendment as well as conspiracy
and Monell claims. In May 2016, the Court granted
defendants' motion to dismiss and entered judgment. In
November 2016, the case was reassigned to this Court. In
March 2017, the Court vacated the May 2016 judgment, granted
plaintiff's motion for leave to file an amended
complaint, and denied defendants' motion for Rule 11
has now filed a four-count amended complaint, alleging that
defendants violated 42 U.S.C. § 1983 by retaliating
against him for exercising his First Amendment rights (Count
I), conspiring to violate his First Amendment rights (Count
II), and conspiring under state civil law (Count IV).
Plaintiff also brings a Monell claim against the
Village (Count III). Defendants move to dismiss
plaintiff's first amended complaint under the Federal
Rule of Civil Procedure 12(b)(6).
John Briscoe is a former police officer, who was promoted to
Commander, for defendant Village of Vernon Hills (the
“Village”). (Am. Compl. ¶¶ 5, 12, ECF
No. 42.) Briscoe worked for the Village for nearly
twenty-five years before he retired on disability.
(Id. ¶¶ 11-12.) Defendants Roger Byrne,
John Kalmar, Larry Nakrin, and Mark Fleischhauer are
officials elected or appointed to the Village. (Id.
November 27, 2012, Briscoe injured his knee and back while
responding to an emergency home invasion call. (Id.
¶ 13.) He later underwent surgery for his injuries.
(Id. ¶ 19.) Following post-surgical care and
treatment, defendants determined that Briscoe was unable to
perform his job duties. (Id. ¶ 21.)
2, 2014, the Village determined that Briscoe could perform
his job duties and thus stopped paying workers compensation
benefits. (Id. ¶ 22.) Briscoe had to use sick
days, vacation time, and compensatory time because he no
longer had workers compensation benefits. (Id.
12, 2014, Briscoe applied for a line-of-duty disability
pension with the Village Police Pension Board (“Pension
Board”). (Id. ¶ 24.) On June 20, 2014,
defendant Chief Fleischhauer sent Briscoe a memorandum
requiring him to return to work, but Briscoe did not comply.
(Id. ¶ 26.) That same day, the Village filed a
petition to intervene in Briscoe's hearing with the
Pension Board. (Id. ¶ 39.) On July 21, 2014,
Chief Fleischhauer ordered Briscoe to report to two
physicians selected by defendants for medical evaluation.
(Id. ¶ 35.) Briscoe did not comply with this
order. (Id. ¶¶ 37-39.)
September 11, 2014, Briscoe applied for benefits with the
Illinois Workers Compensation Commission, seeking benefits
for his knee and back injuries. (Id. ¶ 41.) On
September 15, 2014, Chief Fleischhauer asked Briscoe to
provide an explanation for his absence from work and ordered
him to return to work. (Id. ¶¶ 42, 45.)
Briscoe provided an explanation but did not return to work.
(Id. ¶¶ 43, 45.)
October 9, 2014, the Pension Board denied the Village's
petition to intervene in Briscoe's hearing. (Id.
¶ 49.) On October 21, 2014, defendants enacted an
ordinance that would require Briscoe to file a claim for
health insurance benefits pursuant to the Public Safety
Employee Benefits Acts (“PSEBA”) with the Village
within thirty days. (Id. ¶ 53.)
November 8, 2014, the Village notified Briscoe that he was
subject to discipline for violating the sick leave and
secondary employment policies. (Id. ¶¶ 58,
61.) Defendants threatened to demote Briscoe and lower his
annual salary. (Id. ¶ 66.) In December 2014,
the Village demoted Briscoe and decreased his salary.
(Id. ¶¶ 75-83.)
January 26, 2015, Briscoe filed a charge with the Equal
Employment Opportunity Commission (“EEOC”) for
disability discrimination and retaliation. (Id.
¶ 85.) On January 30, 2015, defendants denied Briscoe
PSEBA benefits (Id. ¶ 88.) On February 5 and
12, 2015, the Pension Board granted Briscoe a line-of-duty
disability pension. (Id. ¶ 89.) On February 18,