Kristofek v. Village of Orland Hills

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While working as a part-time Village of Orland Hills police officer, Kristofek cited and arrested a driver for car-insurance-related infractions. After several phone calls between the driver’s mother, local politicians, and Scully, the chief of police, the driver was released and the citations were voided. Months later, Kristofek participated in a police training session that involved hypothetical instances of misconduct. Based on these hypotheticals, Kristofek became concerned that official misconduct may have occurred involving the voided citations. After Kristofek shared this concern with other officers and with the FBI, Scully fired him. Kristofek sued Scully and the Village. The district court granted the defendants summary judgment. The Seventh Circuit reversed in part. Kristofek’s statements to his colleagues and the FBI about the voided citations were protected under the First Amendment. Kristofek was speaking as a private citizen about a matter of public concern, and his interest in speaking outweighed Scully’s interest in promoting efficiency within the department. The Seventh Circuit agreed that the Village was not liable for Scully’s actions under Monell v. New York City Department of Social Services; Scully did not possess the requisite authority to unilaterally fire Kristofek or to set departmental firing policy. View "Kristofek v. Village of Orland Hills" on Justia Law