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HR Solutions

     

Court tells Illinois Cops
to Take back Plaintiff
Deemed Mentally Unfit
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ISP regarded her as
disabled: Court


     Federal Judge Kocoras of the Northern District of Illinois recently found that the Illinois State Police had no basis for removing the plaintiff from duty, despite evidence that she was a threat to others.  In September 2003 she had made comments about how people were threatening her at work and she would use her gun "as she was trained to do."  ISP command sent her to a psychologist for a fitness-for-duty exam; he opined that she had major depression and a paranoid personality.  But another psychologist disagreed, finding her fit to return to duty.  But the ISP removed her from duty permanently.

     The  court found that the ISP could be found by a jury to have  illegally regarded her as substantially limited in a major life activity.  The court also found that, given the conflicting findings by the psychologists, there was conclusive evidence that she posed a direct threat under the ADA.   Broberg v. Illinois State Police, __FSupp2d__, 20 AD Cases 321 (N.D. Ill. 2008)

  

4/17/08

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

GC Defamation Suit Against

Union Attorney Lays an Egg

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Tile Workers Lawyer Covered

by Special Privilege

 

            There has been another state court ruling on alleged union torts; this one found no liability.

            Kevin Atkinson worked for Dobbins Group as a site superintendent at a project at Fort Sheridan.  Dobbins had subcontracted floor installation to Polco Flooring, a nonunion subcontractor, and Local 67 of the Tile Installers Union picketed the site in July 2003.  During the occasions when picketers were present Atkinson confronted them, particularly the business agent.  Although he claimed they were obstructing workers the picketers claimed that he threw their drinks and food on the ground, insulted them, stabbed their inflatable rat to deflate it, and otherwise harassed them.  On July 28 Atkinson was arrested, and shortly thereafter Frank Marco, union counsel, wrote a letter to Dobbins Group.

            Seeking reimbursement for the damage to union property, Marco’s letter advised that “your employee Kevin Atkinson…as your superintendent, ….has destroyed and damaged property belonging to our local.”  The letter went on to threaten litigation, but a third party covered the cost of the damage. 

            An appellate court has upheld the dismissal of a subsequent defamation claim by Atkinson against individual union officials, including the business agent present during the picketing.   Kevin Atkinson v. Ralph Affronti, et al, No. 1-05-3992 (1^st Dist. Dec. 2006).  Such a letter “is absolutely privileged to public defamatory matter concerning another in communications preliminary to a proposed judicial proceeding,” the court ruled.  An attorney must be free to “candidly and zealously represent his client in communications to potential opposing parties in litigation or other proceedings,” without the potential dangerf legal exposure because of his efforts.

            Atkinson had argued that the privilege should not apply when such a communication is made in bad faith, but the court ruled that the privilege was absolute.

 

1/23/07