Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
4Activity
0 of .
Results for:
No results containing your search query
P. 1
Boddie federal lawsuit

Boddie federal lawsuit

Ratings: (0)|Views: 11,511|Likes:
Published by journobuedel
Now-retired Sgt. Ken Boddie filed a suit against the Peoria Police Department alleging management purposefully maneuvered to circumvent his promotion to lieutenant.
Now-retired Sgt. Ken Boddie filed a suit against the Peoria Police Department alleging management purposefully maneuvered to circumvent his promotion to lieutenant.

More info:

Published by: journobuedel on Jan 11, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

01/11/2013

pdf

text

original

 
UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF ILLINOISPEORIA DIVISIONKENNETH BODDIEPlaintiffv.11-1240CITY OF PEORIA, ILLINOIS, an Illinois
 Jury Demand
Local Governmental Entity, STEVENSETTINSGAARD, Chief of Police ofthe Peoria Police Department, in HisIndividual Capacity, and HENRYHOLLING, City Manager of City of Peoriain His Individual Capacity, JIM ARDIS,Mayor of the City of Peoria, in His IndividualCapacityDefendants
COMPLAINT
Now comes the Plaintiff, Ken Boddie, by Richard L. Steagall, his attorney, andcomplaining of the Defendants, City of Peoria, Illinois, an Illinois Local GovernmentalEntity, Steven Settinsgaard, Chief of Police of the Peoria Police Department, in HisIndividual Capacity, Henry Holling, City Manager of City of Peoria in His IndividualCapacity, and Jim Ardis, Mayor of the City of Peoria in His Individual Capacity, for hisclaims states:
I. Jurisdiction & Venue
1.Jurisdiction to hear plaintiff’s claims under the Civil Rights Act of 1871, 42U.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
E-FILED
Monday, 27 June, 2011 05:28:05 PMClerk, U.S. District Court, ILCD
1:11-cv-01240-JES-JAG # 1 Page 1 of 11
 
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 courtunder Local Rule 40:1.3.The incident complained of occurred on
October 8, 2009
in the City ofPeoria, County of Peoria, and State of Illinois.
II.The Parties
4.Plaintiff, Ken Boddie, is a Sergeant on the Peoria Police Department whohas been a City of Peoria Police Officer for 32 years and a Sergeant for 18 years since1993.5.Defendant, City of Peoria, Illinois is a an Illinois Local GovernmentalEntity organized and existing as a home rule municipality under the laws of the State ofIllinois. 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 ofPeoria’s policy making agents in the scope of their authority as thehuman beings responsible for the policy of the City of Peoria, agovernmental entity.B.An action for payment of any settlement or judgment forcompensatory damages against the individual defendants acting inthe scope of their employment for the City of Peoria under Section9-102 of the Illinois Local Governmental Tort Immunity Act. 765ILCS 10/9-102 (2008).5.Defendant, Steven Settinsgaard, was at all times material here the Chief ofPolice of the Peoria Police Department acting in the scope of his employment for the
2
1:11-cv-01240-JES-JAG # 1 Page 2 of 11
 
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 CityManager of City of Peoria acting in the scope of his employment and under color ofstate law. He is sued in his Individual Capacity.7.Defendant Jim Ardis, was at all times material, Mayor of the City ofPeoria, Illinois acting in the scope of his employment and under color of state law. He issued in his Individual Capacity.
III.The Incident
8.Boddie passed the examination for promotion to Lieutenant on the City ofPeoria Police Department and was placed in the list for hiring in the order set forth inthe list as positions became available. A true copy of the Lieutenant List effectiveOctober 9, 2006 to October 8, 2009 is attached as Ex:1. A line is drawn through the fivepersons on that List who were hired as Lieutenant from October 9, 2006 to the year2008. The City of Peoria hiring procedure is that established by the Illinois MunicipalCode. The Board of Police and Fire Commissioners makes appointments of all memberand officers of the police and fire departments. 65 ILCS 5/10-2.1-4 (2008). Promotionsto open positions as officers of the police and fire departments are made in order ofresults of examination on a list of eligibles for positions for vacancies during theapplicable period of the list. 65 ILCS 5/10-2.1-15 (2008); 65 ILCS 5/2.1-4 (2008); 65 ILCS5/2.1-11 (2008).9.There is no discretion on appointment of members and officers according
3
1:11-cv-01240-JES-JAG # 1 Page 3 of 11

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->