CHICAGO — A federal judge has taken down a fired Cook County Sheriff's deputy's attempt to use controversy surrounding the sheriff's Merit Board to keep alive his lawsuit over his termination.
Former Cook County Deputy Sheriff Wayne Oesterlin filed suit in 2014 against the Cook County Sheriff’s Department, Sheriff Tom Dart and Cook County, asserting the sheriff had violated his “rights to procedural and substantive due process” when Oesterlin was terminated in 2012 over accusations he improperly used the Law Enforcement Agencies Data System (LEADS.)
Oesterlin had been hired as a deputy sheriff for Cook County in June 2003. The Sheriff's Merit Board voted in September 2012 to sign off on Oesterlin's teremination, according to court documents.
Oesterlin appealed his firing and then sued, also accusing the defendants of harassing him and retaliating against him. Prior to his firing, Oesterlin had publicly complained about the Cook County Sheriff’s Department.
After he filed suit, an Illinois appellate court issued a decision in the case docketed as Taylor v Dart, in which the appellate justices held the Merit Board had been improperly constituted beginning in May 2011 when Dart appointed an interim member, which purportedly violated rules requiring merit board members hold six year terms. As a result, the court invalidated at least the Merit Board's actions against the plaintiff in that case.
The decision has sparked a spate of lawsuits from other terminated or disciplined Cook County Sheriff's officers, who assert the actions against them should also be undone.
Oesterlin also amended his complaint on Nov. 20, 2017, citing the Taylor decision in adding accusations about the Merit Board. He detailed three separate reasons for summary judgement. The Merit Board’s decision to fire him is void because it was improperly constituted at the time; he was denied his right to due process; and he was denied equal protection.
Those assertions, however, were rejected by U.S. District Judge Sidney Schenkier, who ruled on Sept. 10 in favor of the defendants, granting the sheriff's motion for summary judgment while rejecting Oesterlin’s summary judgment rquest.
Judge Schenkier said the equal protection claim failed because “the Equal Protection Clause of the 14th Amendment... does not support claims for retaliation based on general allegations of discrimination unrelated to membership in a particular class.”
The judge said Oesterlin also failed to prove that his constitutional rights were denied. His allegations about the Merit Board were found to have no bearing on the case. The court noted that Oesterlin "has pled no claim in this case based on the constitution of the Merit Board" that could be heard by the federal court.
"Any relief plaintiff might seek because of the constitution of the Merit Board when it decided his matter must be addressed at the state level," Judge Schenkier wrote.
Oesterlin is represented in the matter by attorney Anthony Peraica and others associated with the firm of Anthony J. Peraica & Associates, of Chicago.
The sheriff's office is represented by the Cook County State's Attorney's Office.