Kaufmann and Murphy Secure Dismissal of Employment Claim

Stephen R. Kaufmann and Michael P. Murphy of HeplerBroom, LLC’s Springfield, Illinois office recently obtained a dismissal, with prejudice, of claims against the City of Pekin and present and former police officers of the City of Pekin. Plaintiff alleged the City and its officers took adverse employment action against him in retaliation for his exercise of free speech and freedom of assembly rights guaranteed by the Illinois Constitution. On August 9, 2011, after briefing and oral argument, the Circuit Court for the Tenth Judicial Circuit, Tazewell County, Illinois, granted Defendants’ motion to dismiss. Plaintiff’s claims were dismissed with prejudice on the grounds that they were barred by the statute of limitations and that there exists no private right of action under the freedom of speech and freedom of assembly provisions of the Illinois Constitution.