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Kropel v. Conlisk

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eBook details

  • Title: Kropel v. Conlisk
  • Author : Supreme Court of Illinois
  • Release Date : January 30, 1975
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

The plaintiff, a member of the police force of the City of Chicago, was summarily suspended for 30 days, after being advised that an anonymous party had charged that he did not reside within the City of Chicago. The plaintiff denied the charge and requested a hearing, but none was held prior to suspension. Following the procedures established by section 10-1-18.1 of the Municipal Code (Ill. Rev. Stat. 1971, ch. 24, par. 10-1-18.1), the order of suspension was issued without notice or hearing before the police board, or any other body. The plaintiff then filed suit in the circuit court of Cook County to enjoin his suspension. A temporary injunction was issued on November 30, 1972, and a decree for permanent injunction on January 22, 1973. This case was heard on complaint and motion to dismiss. Hence, all well-pleaded facts were admitted for the purpose of ruling on the motion. The sworn complaint alleged that the City of Chicago is a municipal corporation established under the laws of the State of Illinois; that Kropel was a resident of the City of Chicago; that he is and has been employed as a police officer of the City for over 7 years; that he made a written request for a hearing, which was not granted; that his salary is $1162 per month and a 30-day suspension would cause a loss of salary to him in that amount; and that the section of the Code, ordinance and regulation under which the City purports to act violates the first, fourth, fifth, ninth, thirteenth and fourteenth amendments to the United States Constitution and sections 1, 2, 5, 6, 12, 18, 21 and 24 of article I of the Illinois Constitution.


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