A former police chief's lawsuit alleging fraudulent inducement and conspiracy against a village president and administrator has been dismissed by the court. The complaint, filed by James D. Ritz in Cook County, Illinois on November 29, 2022, accused Village President Melissa N. Neddermeyer and Village Administrator Ryan Grace of making false promises to keep him in his position.
James D. Ritz, who served as the police chief for the Village of Willow Springs under a three-year contract from July 18, 2018, to July 17, 2021, claimed that Neddermeyer assured him he would be "favorably considered" for a contract extension if he stayed on as an at-will employee after his contract expired. Ritz alleged that this promise was made during a meeting in July 2021 with Neddermeyer and Village Trustee Michael Kennedy. However, after Ryan Grace was appointed as the new Village Administrator on January 27, 2022, Ritz contended that both Grace and Neddermeyer engaged in actions designed to force his resignation.
The plaintiff detailed several incidents that led to his resignation on April 5, 2022. These included being pressured to terminate an officer he had suspended for inappropriate behavior and receiving a written reprimand for an incident involving a totaled squad car which he claimed no knowledge of. Additionally, during a March 28 meeting about fund disbursement from the Village’s Equitable Sharing Program account, tensions flared when Ritz asserted his oversight authority over the program’s funds.
Ritz's lawsuit sought relief for fraud in the inducement and conspiracy to commit fraud in the inducement. He argued that Neddermeyer's statement about favorable consideration was knowingly false and intended to deceive him into staying until a new administrator could be appointed. He also accused both defendants of conspiring to remove him from his position through various means.
The trial court dismissed Ritz’s complaint under sections 2-615 and 2-619(a)(9) of the Code of Civil Procedure (735 ILCS 2-615; 2-619(a)(9)), citing failure to state a cause of action and immunity under the Tort Immunity Act (745 ILCS 10/1-101 et seq.). The court found that Neddermeyer's statements were too vague to reasonably rely upon for claims of fraudulent inducement. Moreover, it held that hiring decisions are discretionary acts protected by immunity under section 2-201 of the Tort Immunity Act.
In affirming the trial court's decision on September 12, 2023, Justice Coghlan emphasized that indefinite statements do not support fraud claims and reiterated that public employees have immunity when performing discretionary policy decisions. Justice Pucinski concurred specially but criticized Neddermeyer's conduct as morally questionable though not legally actionable.
The case was presided over by Judge Anthony C. Swanagan with Justices Lavin and Pucinski concurring in judgment.