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Monday, 27 June, 2011 05:28:05 PM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION KENNETH BODDIE Plaintiff v. CITY OF PEORIA, ILLINOIS, an Illinois Local Governmental Entity, STEVEN SETTINSGAARD, Chief of Police of the Peoria Police Department, in His Individual Capacity, and HENRY HOLLING, City Manager of City of Peoria in His Individual Capacity, JIM ARDIS, Mayor of the City of Peoria, in His Individual Capacity Defendants COMPLAINT Now comes the Plaintiff, Ken Boddie, by Richard L. Steagall, his attorney, and complaining of the Defendants, City of Peoria, Illinois, an Illinois Local Governmental Entity, Steven Settinsgaard, Chief of Police of the Peoria Police Department, in His Individual Capacity, Henry Holling, City Manager of City of Peoria in His Individual Capacity, and Jim Ardis, Mayor of the City of Peoria in His Individual Capacity, for his claims states: I. Jurisdiction & Venue 1. Jurisdiction to hear plaintiffs claims under the Civil Rights Act of 1871, 42
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U.S.C. 1983 is founded under 28 U.S.C. 1343 (a)(4). 2. Plaintiff is a resident of Peoria County, Illinois, the defendants are
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residents of Peoria County, Illinois, and the claim arose in Peoria County, Illinois. Venue 28 U.S.C. 1391 (a). The case is assigned to the Peoria Division of this court under Local Rule 40:1. 3. The incident complained of occurred on October 8, 2009 in the City of
Peoria, County of Peoria, and State of Illinois. II. The Parties 4. Plaintiff, Ken Boddie, is a Sergeant on the Peoria Police Department who
has been a City of Peoria Police Officer for 32 years and a Sergeant for 18 years since 1993. 5. Defendant, City of Peoria, Illinois is a an Illinois Local Governmental
Entity organized and existing as a home rule municipality under the laws of the State of Illinois. At all times material here, the City of Peoria was acting under color of state law. The City of Peoria is sued on two claims: A. A direct action under Section 1983 for the acts of the City of Peorias policy making agents in the scope of their authority as the human beings responsible for the policy of the City of Peoria, a governmental entity. An action for payment of any settlement or judgment for compensatory damages against the individual defendants acting in the scope of their employment for the City of Peoria under Section 9-102 of the Illinois Local Governmental Tort Immunity Act. 765 ILCS 10/9-102 (2008).
B.
5.
Defendant, Steven Settinsgaard, was at all times material here the Chief of
Police of the Peoria Police Department acting in the scope of his employment for the
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City of Peoria and under color of state law. He is sued in his Individual Capacity. 6. Defendant, Henry Holling, was at all times material here, the City
Manager of City of Peoria acting in the scope of his employment and under color of state law. He is sued in his Individual Capacity. 7. Defendant Jim Ardis, was at all times material, Mayor of the City of
Peoria, Illinois acting in the scope of his employment and under color of state law. He is sued in his Individual Capacity. III. The Incident 8. Boddie passed the examination for promotion to Lieutenant on the City of
Peoria Police Department and was placed in the list for hiring in the order set forth in the list as positions became available. A true copy of the Lieutenant List effective October 9, 2006 to October 8, 2009 is attached as Ex:1. A line is drawn through the five persons on that List who were hired as Lieutenant from October 9, 2006 to the year 2008. The City of Peoria hiring procedure is that established by the Illinois Municipal Code. The Board of Police and Fire Commissioners makes appointments of all member and officers of the police and fire departments. 65 ILCS 5/10-2.1-4 (2008). Promotions to open positions as officers of the police and fire departments are made in order of results of examination on a list of eligibles for positions for vacancies during the applicable period of the list. 65 ILCS 5/10-2.1-15 (2008); 65 ILCS 5/2.1-4 (2008); 65 ILCS 5/2.1-11 (2008). 9. There is no discretion on appointment of members and officers according 3
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to their placement on the list of those eligible for the Police Department members and Officers. When a vacancy in a position occurs, the person highest on the list of eligibles from the results of examination by the Board of Fire and Police Commissioners is the person who fills the vacant position. 10. In 2009, the first person on the Lieutenant hiring list before Boddie was
Robert Wagner. Wagner informed the Peoria Police Benevolent Board and Boddie that he would not accept the promotion. The hours were longer than the Sergeants hours, Wagner had younger children who he wanted to spend time with, he is relatively young and would have the opportunity for promotion to Lieutenant when his children were older. The result of Wagners decision was that Boddie was the person who would be hired as a Lieutenant in the next available opening for the remaining period of the List of Eligibles for the Lieutenant position when a vacancy occurred during the period toe List was applicable, which expired on October 8, 2009. 11. Robert Baer was promoted to Captain in March, 2008. Baer resided in
Chillicothe outside the City of Peoria limits. Chief Settinsgaard instructed Captain Baer that he had one year in which to set up a full time residence in the City of Peoria. The City residency requirement applies only to persons holding the rank of Captain or above. One Captain is excepted from this rule because he was residing outside the City when the rule was adopted and it was agreed he would be grandfathered as an exception to this rule. 12. If Captain Baer resigned his position as Captain, a Lieutenant would be
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promoted to fill Baers Captain position which would leave an opening for Lieutenant which Boddie would fill. 13. On March 20, 2009, Chief Settinsgaard with the approval of City Manager
Holling granted Captain Baer a six month extension on the deadline to establish residence in the City of Peoria. 14. The Promotional List for Lieutenant expired on October 8, 2009. The
Peoria Benevolent protested that this would jeopardize the promotion of those on the Lieutenants Promotion List and the Sergeants Promotion List as promotion of Boddie from Sergeant to Lieutenant would open the Sergeants position that Boddie would vacate to become Lieutenant. 15. Mayor Jim Ardis met with the Executive Board of the Peoria Police
Benvolent, which is the union collectively representing Peoria Police Officers, shortly after the announcement of the six month extension for Captain Baird was announced on March 20, 2009 and assured the Executive Board of the Peoria Police Benevolent that it would not affect the promotions of those on the Lieutenant and Sergeants List. 16. Captain Baird informed Chief Settinsgaard that he had established
residence in the City of Peoria in an apartment with his daughter who was in her 20s. Captain Bairds wife occupied the house in Chillicothe. 17. Chief Settinsgaard accepted Bairds explanation and he continued his
employment as a Captain until October 9, 2009 when he announced his retirement effective immediately, one day after the Lieutenant Promotional List expired.
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18.
with Captain Baers daughter and his knowledge of Baers impending retirement and acceptance of the retirement on October 9, 2009 one day after the Lieutenants Elgible List expired on October 8, 2009 was to deny Boddie the promotion to Lieutenant he was entitled to receive and the Executive Board of the Peoria Police Benevolent had been assured Boddie would receive which would open Boddies Sergeant position for the promotion of the highest on the Sergeants Elgibility List. It made no difference to Captain Baird whether his resignation was effective on October 8 or 9, 2009. 19. Chief Settinsgaard had stated to Lieutenants who were in the Captains
pool as those who expressed a desire to be promoted to Captain was called that the principal residence must be in Peoria without exception. 20. A Lieutenant was promoted to Captain in November and Richard Glover
was promoted to the rank of Sergeant when no Sergeants position was open immediately before expiration of the Sergeants List on November 4, 2009. A true copy of the Sergeants List is attached as Ex:2. Glover was demoted in January, 2010, but the result of his promotion before expiration of the List is that he had priority on any open Sergeants position over anyone on the new Sergeants List which replaced the List that expired just after November 4, 2009. 21. Boddie was denied the promotion he was entitled to receive on or before
October 7, 2009 because of the disparate treatment given Captain Baer, and Richard Glover who was promoted immediately before expiration of the Sergeants List on
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November 4, 2009. Boddie was not given the promotion after expiration of the Lieutenants Elgibility that Richard Glover received immediately before expiration of the Sergeants List on November 4, 2009. Chief Stettinsgaard fulfilled the representation to the Peoria Police Benevolent Executive Board that Captain Baers residency extension would not affect promotions from the existing Lieutenant and Sergeants Lists made by Mayor Ardis shortly after March 22, 2009 for the Sergeants position which had the representation about the Lieutenants List been followed would have left an open Sergeants position from Boddies promotion to Lieutenant -but did not fulfill that representation for Boddies promotion to Lieutenant. 22. The intentional denial of the promotion to Boddie was without any
rational basis and was instead based on preferential treatment given Captain Baer who was excepted from the Peoria Police Department Policy requiring command officers to reside within the limits of the City of Peoria and Richard Glover who received a promotion before expiration of the Sergeants List to give him seniority over the next open Sergeants position. B. 23. Constitutionally Protected Property Interest Boddies position on the Eligibility List for promotion to Lieutenant
expiring on October 8, 2009 is a legitimate claim of entitlement created by Sections 102.1-4, 2.1-11, and 2.1-11 of the Illinois Municipal Code 65 ILCS 5/10-2.1-15 (2008); 65 ILCS 5/2.1-4 (2008); 65 ILCS 5/2.1-11 (2008). 24. That statutory right is a form of property protected against deprivation
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without due process of law and equal protection of the laws by the Fourteenth Amendment to the Constitution. C. 25. Policy Making Agents of City of Peoria, Illinois for Police Promotions Mayor Ardis, City Manager Holling, and Chief Stettinsgaard are each
policy making agents of the City of Peoria for management of its Police Department and vacancies in offices of that Police Department. 26. Mayor Ardis, City Manager Holling, and Chief Settinsgaard each
personally participated in the decisions on the vacancies for Lieutenant and Sergeant and the exemption from Peoria Police Department Rules given Captain Baird that allowed him to keep the Captains position which would have been filled by Boddie on the Lieutenants List expiring on October 8, 2009 and the decision to promote Richard Glover to Sergeant before the Sergeants List expired on November 8, 2009. IV. Plaintiffs Claims A. Constitutional & Statutory Provisions Involved Constitution of the Unites States, Amendment XIV nor shall any State deprive any person of life, liberty, or property, without due process of law nor deny any person equal protection of the laws. Civil Rights Act of 1871, 42 U.S.C. 1983 Every person who, under color of any statute, ordinance, regulation, custom or usage of any State or Territory or the District of Columbia subjects, or causes to be subjected, a citizen of the United States or any person within the jurisdiction thereof to the deprivation of any rights, privileged or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. 8
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B. 27.
Federal Claim The conduct of the City of Peoria through its policy making agents, Mayor
Ardis, City Manager Holling, and Chief Settinsgaard specifically alleged in Part III A acting as policy making agents of the City of Peoria as specifically alleged in Part III C in honoring Mayor Ardis representation to the Executive Board of the Peoria Police Benevolent that the extension of time given Captain Robert Baird to obtain residency in the City of Peoria on March 22, 2009 would not affect promotions from the Lieutenants List expiring on October 8, 2009 and the Sergeants List expiring on November 4, 2009 giving the promotion from the Sergeant to Richard Glover even though there were no open Sergeants positions and rejecting Mayor Ardis representation that the promotion to the open Lieutenant position would be made from the existing Lieutenants List is an irrational and wholly arbitrary executive decision denying Boddie his property interest as specifically alleged in Part III B in the Lieutenants Eligibility List contrary to the Fourteenth Amendment guaranty of equal protection of the laws. V. Relief Requested 28. As a direct and proximate result of the deprivation of Boddies property
interest without equal protection of the laws, Boddie has lost the income he would have earned as Lieutenant in the amount of $3,684.41 for the first year after his promotion, $8,120.53 the second year, $11,209.50 the third year, and retirement income $6,253.19 per year, for the remaining 30 years of his life, totaling $187, 595.70 of lost retirement income computed in terms of what can be purchased by 2011 dollars, for a total amount 9
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of $210,610.14 computed in terms of what can be purchased by 2011 dollars. Boddie is entitled to pre-judgment interest on the amount of past income lost; the amount earned from an award of future damages is offset by the declining purchasing power of the dollar that occurs in any growing economy and has occurred in the United States since before Independence. A true copy of the Excel spreadsheet containing the computation of damages is Ex:3. 29. Boddie is entitled to an injunction making him eligible for the next
available position as Lieutenant with damages in the amount of lost income and retirement through the date of appointment as Lieutenant placing him in the same position as he would have been had he been promoted to the vacant Lieutenants position on October 8, 2009 plus appropriate interest at market rates. 30. Boddie has has in the past and will in the future incur attorney's fees and
expenses in the prosecution of this action which he is entitled to recover as a prevailing plaintiff under 42 U.S.C. 1988. VII. Prayer for Relief Wherefore, Plaintiff, Kenneth Boddie, prays for judgment in his favor and against the Defendants, in the following particulars: 1. Against the Defendants, City of Peoria, an Illinois Local Governmental Entity, Steven Settingsgaard, in His Individual Capacity, Henry Holling in His Individual Capacity, and Jim Ardis in His Individual Capacity jointly and severally for compensatory damages in the amount of Two Hundred Ten Thousand Six Hundred Ten and Fourteen cents ($210, 610.14.) plus appropriate interest at market rates.
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2.
An injunction against Defendant, City of Peoria, Illinois, a Local Governmental Entity directing it and its authorized agents to making him eligible for the next available position as Lieutenant with damages in the amount of lost income and retirement through the date of appointment as Lieutenant placing him in the same position as he would have been had he been promoted to the vacant Lieutenants position on October 8, 2009 plus appropriate interest and market rates. An award of the reasonable attorneys fees, expenses, and expert witness fees incurred in prosecuting this action as a part of costs in favor of Plaintiff, Kenneth Boddie, and against the Defendants, City of Peoria, an Illinois Local Governmental Entity, Steven Settingsgaard, in His Individual Capacity, Henry Holling in His Individual Capacity, and Jim Ardis in His Individual Capacity PLAINTIFF DEMANDS A TRIAL BY JURY
3.
Respectfully submitted,
s/ Richard L. Steagall RICHARD L. STEAGALL Attorney for the Plaintiff, Kenneth Boddie
RICHARD L. STEAGALL RYAN S. McCRACKEN Nicoara & Steagall Commerce Bank Building 416 Main Street, Suite 815 Peoria, IL 61602 Tel: (309) 674-6085 Fax: (309) 674-6032 nicsteag@mtco.com
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Monday, 27 June, 2011 05:28:06 PM The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required Clerk, September 1974, Court, for the by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States inU.S. District is requiredILCD
use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) I. (a) PLAINTIFFS Kenneth Boddie DEFENDANTS City of Peoria, Illinois, an Illinois Local Governmental Entity, Steven Settingsgaard, Chief of Police of the Peoria Police Department, in His Individual Capacity, Henry Holling, City Manager of the City of Peoria, in His Individual Capacity, Jim Ardis, Mayor of the City of Peoria, in His Individual Capacity County of Residence of First Listed (IN U.S. PLAINTIFF CASES ONLY)
N O TE: IN LAN D C O N D EM N ATIO N C ASES, U SE THE LO C ATIO N O F THE LAN D IN V O LV ED .
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X 3 Federal Question (U.S. Government Not a Party) G 4 Diversity (Indicate Citizenship of Parties in Item III)
G 1
G1
G 4
G4
G2
G5
G 3
G3
G6
FORFEITURE/PENALTY
G G G G G G G G 610 Agriculture 620 O ther Food & D rug 625 D rug R elated Seizure of Property 21 U SC 630 Liquor Law s 640 R .R . & Truck 650 Airline R egs. 660 O ccupational Safety/Health 690 O ther G G
BANKRUPTCY
422 Appeal 28 U SC 158 423 W ithdraw al 28 U SC 157 G G G G G G G G G G G G G G G
OTHER STATUTES
400 State R eapportionment 410 Antitrust 430 Banks and Banking 450 C ommerce/IC C R ates/etc. 460 D eportation 470 R acketeer Influenced and C orrupt O rganizations 810 Selective Service 850 Securities/C ommodities/ Exchange 875 C ustomer C hallenge 12 U SC 3410 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental M atters 894 Energy Allocation Act 895 Freedom of Information Act 900 Appeal of Fee D etermination U nder Equal Access to Justice 950 C onstitutionality of State Statutes
PROPERTY RIGHTS
G G G 820 C opyrights 830 Patent 840 Trademark
G G G G
LABOR
G G G G G G 710 Fair Labor Standards G Act G 720 Labor/M gmt. R elations G G 730 Labor/M gmt.R eporting G & D isclosure Act 740 R ailw ay Labor Act 790 O ther Labor Litigation 791 Empl. R et. Inc. Security Act
SOCIAL SECURITY
861 862 863 864 865 HIA (1395ff) Black Lung (923) D IW C /D IW W (405(g)) SSID Title X V I R SI (405(g))
REAL PROPERTY
G G G G G G 210 Land C ondemnation 220 Foreclosure 230 240 245 290 R ent Lease & Ejectment Torts to Land Tort Product Liability All O ther R eal Property G G X G
CIVIL RIGHTS
441 V oting 442 Employment 443 Housing/ Accommodations 444 W elfare 440 O ther C ivil R ights
PRISONER PETITIONS
G 510 M otions to V acate Sentence Habeas C orpus: G 530 G eneral G 535 D eath Penalty G 540 M andamus & O ther G G 550 C ivil R ights 555 Prison C ondition
V. ORIGIN
X 1 Original Proceeding
G 6 Multidistrict Litigation
VI. CAUSE OF ACTION VII. REQUESTED IN COM PLAINT: VIII. RELATED CASE(S) IF ANY 6/27/11
D ATE
(C ite the U .S. C ivil Statute under w hich you are filing and w rite brief statement of cause. D o not cite jurisdictional statutes unless diversity.)
42 U .S.C . 1983
DEMAND $ 210,610.00
DOCKET NUMBER
s/Richard L. Steagall
SIG N ATU R E O F ATTO R N EY O F R EC O R D
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JU D G E
M AG . JU D G E
Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a) Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judges decision. VI. VII. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS-44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.
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