Griffin v. Cook County

2023 IL App (1st) 221376, 240 N.E.3d 1
CourtAppellate Court of Illinois
DecidedSeptember 13, 2023
Docket1-22-1376
StatusPublished
Cited by2 cases

This text of 2023 IL App (1st) 221376 (Griffin v. Cook County) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Griffin v. Cook County, 2023 IL App (1st) 221376, 240 N.E.3d 1 (Ill. Ct. App. 2023).

Opinion

2023 IL App (1st) 221376 No. 1-22-1376 Opinion filed September 13, 2023 Third Division ______________________________________________________________________________

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ MONTELL GRIFFIN, HERNAN MOSQUERA, and ) Appeal from the JACQUELINE MEYER, ) Circuit Court of ) Cook County. Plaintiffs-Appellants, ) ) No. 19 CH 9988 v. ) ) Honorable COOK COUNTY; THOMAS J. DART, Sheriff of Cook ) Alison C. Conlon, County; and THE COOK COUNTY SHERIFF’S MERIT ) Judge, presiding. BOARD,

Defendants-Appellees.

JUSTICE LAMPKIN delivered the judgment of the court, with opinion. Presiding Justice Rochford and Justice Martin concurred in the judgment and opinion.

OPINION

¶1 Plaintiffs argue that they made a timely challenge to the illegal composition of the Cook

County Sheriff’s Merit Board (Merit Board), and, thus, their complaint in the Circuit Court of

Cook County raising the same allegation was not barred by the de facto officer doctrine. In the

alternative, they claim that the trial court erred by denying them leave to file an amended

complaint. No. 1-22-1376

¶2 For the reasons that follow, we affirm the judgment of the trial court. 1

¶3 I. BACKGROUND

¶4 On February 3, 2016, the Cook County Sheriff’s Office (Sheriff) filed a complaint against

plaintiffs Hernan Mosquera and Jacqueline Myers, Correctional Officers, with the Merit Board.

The complaint alleged that, on May 27, 2014, Mosquera and Myers witnessed the use of excessive

force against a detainee, failed to intervene, failed to notify a supervisor, failed to file the proper

written reports, and provided false statements regarding the incident.

¶5 On August 29, 2016, the Sheriff filed a complaint with the Merit Board against plaintiff

Montell Griffin, a Correctional Officer, alleging that on April 24, 2015, Griffin used excessive

force against a detainee and provided false reports and false statements regarding the incident.

¶6 The administrative hearings for Mosquera and Myers began on May 22, 2017; continued

on May 23, 2017, and on July 6, 2017; and concluded on September 14, 2017. The hearing for

Griffin took place on September 22, 2017.

¶7 On November 27, 2017, after their hearings had concluded and all the evidence against

them was presented, plaintiffs filed a complaint in the Circuit Court of Cook County against the

Sheriff in Griffin v. Dart. This complaint does not appear to be contained in the record on appeal.

On May 9, 2018, plaintiffs voluntarily dismissed that complaint and never refiled it.

¶8 On May 30, 2018, plaintiffs filed suit in the United States District Court for the Northern

District of Illinois, seeking equitable relief and alleging that the illegal composition of the Merit

1 In adherence with the requirements of Illinois Supreme Court Rule 352(a) (eff. July 1, 2018), this appeal has been resolved without oral argument upon the entry of a separate written order.

-2- No. 1-22-1376

Board violated plaintiffs’ due process rights. The complaint was later dismissed with prejudice on

September 2, 2020.

¶9 In addition to filing lawsuits, plaintiffs all raised the issue of the illegally constituted Merit

Board in documents filed with the Merit Board itself. On February 14, 2019, Mosquera filed a

document titled, “Respondent’s Opposition to the Motion,” which contained allegations such as,

“Respondents’ [sic] prior hearing was conveyed by a usurper. It is null and void,” and “Respondent

has been deprived of property and due process rights in excess of the authority permitted to the

Sheriff and the Merit Board.” On April 10, 2019, Mosquera filed a document with the Merit Board,

titled “Respondent’s Proposed Findings of Fact.” In it, she alleged that the hearing was “convened

during the Merit Board’s Period of Impotence.” Myers filed documents identical to those filed by

Mosquera on February 14, 2019, and April 10, 2019. On September 19, 2018, Griffin filed with

the Merit Board a motion to dismiss, which claimed, among other things, that the Merit Board was

illegally constituted.

¶ 10 On July 8, 2019, the Merit Board ordered the firing of Griffin, effective August 29, 2016.

Two days later, on July 10, 2019, the Merit Board ordered the firing of Mosquera and Myers,

effective February 3, 2016.

¶ 11 On August 28, 2019, plaintiffs filed a “Petition for Declaratory Judgment and

Administrative Review,” in the Circuit Court of Cook County. Count I of the pleading sought

declaratory judgment that the Sheriff’s suspension of their employment beyond 30 days was

illegal, null, and void and that plaintiffs were entitled to reinstatement and back pay. Count II

sought review of the Merit Board’s decisions, claiming that the decisions to terminate plaintiffs’

-3- No. 1-22-1376

employment were against the manifest weight of the evidence and that the findings did not warrant

termination.

¶ 12 Defendants filed a motion to dismiss on November 4, 2019. That motion asserted that the

Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101 et seq.

(West 2018)) barred plaintiffs’ claims and that, alternatively, plaintiffs’ claims were untimely.

¶ 13 On August 14, 2020, the trial court granted defendants’ motion to dismiss as to Count II,

holding that plaintiffs’ complaint was not filed within 35 days of the Merit Board’s decisions, as

required by section 3-103 of the Administrative Review Law (735 ILCS 5/3-103 (West 2018)).

The trial court did not rule on defendants’ motion as to Count I, noting that the question of whether

a Merit Board decision is void because the Merit Board was invalidly constituted was pending

before the Illinois Supreme Court. On October 22, 2020, the supreme court decided Goral v. Dart,

2020 IL 125085.

¶ 14 Following the supreme court’s decision in Goral, plaintiffs subsequently filed a motion for

leave to file a first amended complaint for declaratory, injunctive, and equitable relief. That

complaint reiterated the argument that the Merit Board was unlawfully constituted and that the

orders terminating plaintiffs’ employment were void.

¶ 15 On December 15, 2021, the trial court denied plaintiffs’ motion for leave to file the

amended complaint, holding that plaintiffs’ claim regarding the composition of the Merit Board

was barred because they did not make a timely challenge to that composition.

¶ 16 Plaintiffs filed a renewed motion for leave to file a first amended complaint on March 21,

2022, renewing the claim that the Merit Board was illegally constituted and, therefore, the

decisions terminating plaintiffs’ employment were void.

-4- No. 1-22-1376

¶ 17 The trial court denied the renewed motion for leave to file a first amended complaint on

September 7, 2022, on the grounds that plaintiffs failed to state a claim and did not make timely

challenges to the Merit Board’s appointments before it took substantive action. During arguments

on this motion, defendants also asked the trial court to reconsider its August 14, 2020, order, which

left Count I of plaintiffs’ original petition intact. The trial court granted defendants’ motion to

dismiss Count I with prejudice for the same reasons. This appeal followed.

¶ 18 II. ANALYSIS

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Related

Dart v, Fabian
2024 IL App (1st) 230365-U (Appellate Court of Illinois, 2024)
In re Marriage of Soman
2023 IL App (1st) 220548-U (Appellate Court of Illinois, 2023)

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2023 IL App (1st) 221376, 240 N.E.3d 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-cook-county-illappct-2023.