McRay v. Ross et al
| Willie McRay |
| Thomas Ross, Kenneth Teppel, Michael Rompa, Richard Hilliard, Dennis Hess, Linda Laketa and Village of Bolingbrook |
| 1:2017cv01588 |
| March 1, 2017 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Will |
| Marvin E. Aspen |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
102
MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang. For the reasons stated in the Opinion, the motion for partial summary judgment on administrative review 59 is granted in part and denied in part. The Board's decision to di scharge Plaintiff McRay is vacated because the criminal-association finding is against the manifest weight of the evidence. The decision is remanded to consider what discipline is appropriate based on the other rules violations. The Board must reconv ene to determine the appropriate discipline for those violations. In light of this summary judgment decision, the parties shall confer on what the next procedural step ought to be, and then file a Position Paper (disagreements on the next step may be set forth in the joint filing). It might be appropriate to enter a Rule 54(b) judgment on the state law administrative-review claim, which would trigger the vacatur and remand to the Board, even as the parties continue engaging in discovery on the f ederal claims. And it would make even more sense for the parties to engage in settlement negotiations in light of the decision. There are still a plethora of depositions to be taken, but rather than expend time, resources, and attorneys fees on discovery, creative minds and cooler heads should try to resolve this case. The Position Paper is due by 06/11/2018. Emailed notice(slb, )
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