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Monday, December 30, 2013

Peterson's Termination Upheld by Appellate Court


Stephen Peterson was an officer in the Village of Oak Brook Police Department.  In 2010, the Department filed charges against Stephen alleging misconduct relating to his father, Drew Peterson, who was being investigated in connection with the death of his second wife and disappearance of his third wife.  Specifically, the Village alleged that Stephen's acceptance of weapons and money from his father, among other conduct, formed the basis for a charge of obstruction of justice.  In 2011, the Oak Brook Board of Fire and Police Commissioners found Stephen guilty and discharged him from the Department. Stephen appealed his discharge to the trial court, which upheld his termination.
 
On appeal, Stephen argued that his actions did not violate any Department policy and that the Board's decision was erroneous and a violation of his due process rights.  The appellate court disagreed, finding that the Board's decision to discharge Stephen was reasonable and not against the manifest weight of the evidence. The court also rejected Stephen's due process claim.  Peterson v. Village of Oak Brook (Rule 23 Order).

Post Authored by Julie Tappendorf, Ancel Glink

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