Remus v. Sheahan

901 N.E.2d 1043, 387 Ill. App. 3d 899
CourtAppellate Court of Illinois
DecidedJanuary 22, 2009
Docket1-06-0756
StatusPublished
Cited by10 cases

This text of 901 N.E.2d 1043 (Remus v. Sheahan) 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
Remus v. Sheahan, 901 N.E.2d 1043, 387 Ill. App. 3d 899 (Ill. Ct. App. 2009).

Opinion

JUSTICE STEELE

delivered the opinion of the court:

The Cook County sheriff (the Sheriff) 1 petitioned to dismiss Andrew Remus from his employment with the police department due to alleged misconduct that occurred on June 2, 1999. The Cook County Sheriffs Merit Board granted the petition. Remus contends on appeal that the evidence does not support the Board’s findings that alcohol impaired his mental ability on the night in question and that he violated departmental reporting rules. He also contends that his misconduct does not justify dismissal. We find the evidence sufficient to support the Board’s findings of fact. We also cannot say that the Board acted arbitrarily or capriciously when it dismissed Remus for his misconduct.

BACKGROUND

Andrew Remus joined the Cook County sheriff’s police department in 1991. He received three citations for his work. The department neither reprimanded nor suspended him before 1999. On June 2, 1999, he finished his work for the gang unit at 4 p.m. He carried his gun when he met Anthony Bohling, Tom Lanigan, and two other members of the department. The five officers rode together in Bohling’s car to attend a fund-raiser at Comiskey Park. Remus placed his loaded gun into the frame of the back seat of Bohling’s car. Remus knew that department rules disallowed securing his weapon in that manner.

Remus drank beer at the fund-raiser. He and the same four other officers decided to go to a bar. They again took Bohling’s car. They arrived at the bar around 10 p.m. Remus drank more beer before they left the bar around 11 p.m. After leaving the bar, Bohling drove east on 167th Street, with Remus and the three other officers in the car.

Cory Simmons, driving his girlfriend home, turned onto 167th Street, and in doing so, he apparently cut off Bohling. An officer yelled out the window, “Nice work, bonehead.” Angry words followed. The officers chased Simmons as he sped and ran stoplights on a twisting route that ran several miles through side streets, past several pedestrians. One of the officers used his cell phone to call *999. Lanigan fired several shots. One shattered a window of Simmons’s car. Simmons drove to the police station in Robbins, Illinois.

Johnny Holmes, chief of the Robbins police department, questioned Simmons and the officers. Holmes asked each officer whether that officer had fired his gun at the car. All, including Lanigan, said no. Holmes told the officers he needed to confiscate their guns for ballistics testing. Remus said, “No motherfucker is going to take my weapon.” He later apologized for the remark. During further questioning, Remus told investigators he saw muzzle flashes coming from Simmons’s car.

For the following three years, Remus continued working for the department while officers investigated the incident. The Sheriff formally sought to terminate Remus’s employment with the department in June 2002.

The Cook County Sheriff’s Merit Board conducted hearings on the charges in 2003. Remus said he did not intend to drink at the fundraiser. He drank two beers there and two more at the bar. At the intersection where the altercation with Simmons began, according to Remus, Simmons threw a paint can that hit Bohling’s car. Investigators found no signs of corresponding damage to Bohling’s car. Remus swore he heard shots coming at Bohling’s car. When he heard the shots, he took his gun from the seat frame and put it in his pants. During the chase another car got into the way of Bohling’s car. Remus said, “Knock *** the fuckers off the road.”

The administrative law judge listened to a tape recording of the call one of the officers made to *999. The tape included the sounds of Lanigan shooting. An officer said, “Shots fired!” Remus, laughing, said, “I like that ... boom, boom, boom.” Later he exclaimed, “Kill him! Kill him! Fuck them!”

Investigators found the bullets discharged from Lanigan’s gun and no other bullets. Department procedures required a call to the communications center whenever an officer fired his gun. Remus admitted he lied to investigators when he told them he saw muzzle flashes from Simmons’s car. After he spoke to the investigator, he called his union. At trial he explained, “I wasn’t going to answer anything until I *** spoke to my attorney.”

Several witnesses, including Remus’s supervisor, interacted with him at the fund-raiser and at the bar. They said he did not appear inebriated.

The Board adopted the Sheriff’s proposed findings of fact. The Board held that Remus violated the department’s rule prohibiting officers from carrying guns while off duty when the officers might drink alcohol. The Board found that Remus’s remarks, recorded on the tape, showed actual impairment of his mental ability.

Remus admitted he violated the rule requiring each officer to always store his gun, when not in use, in a secure place under lock and key. The Board found a separate violation of the rule requiring all officers to report discharge of firearms for any purpose other than routine target practice. Three separate rules generally allow the Sheriff to discipline any officer whose actions discredit the integrity of the department. The Board held that Remus’s conduct on June 2, 1999, violated all three rules.

The Board added a finding that Remus violated General Order 99 — 03, effective April 30, 1999, which provides:

“An officer will only engage in a motor vehicle pursuit when the following conditions are met.
a) *** If in an unmarked vehicle the siren and internal rotating red light are activated.
c) Notification has been made to the Communications Center radio band operator that the officer is initiating a vehicle pursuit.”

The Board found that the violations justified the decision to dismiss Remus. The trial court, on administrative review, affirmed the Board’s decision. Remus now appeals.

DISCUSSION

The appellate court reviews the decision of the Board, not the trial court’s judgment. Anderson v. Department of Professional Regulation, 348 Ill. App. 3d 554, 560 (2004). We will reject the Board’s findings of fact only if the manifest weight of the evidence contradicts the Board’s findings. Yeksigian v. City of Chicago, 231 Ill. App. 3d 307, 310 (1992).

Remus first challenges the finding that alcohol impaired his mental abilities on the night of June 2, 1999. He relies on testimony that he did not appear intoxicated. The Board answers that the finding of actual impairment has no bearing on the rule violations. The Board found a violation of the Rules and Regulations of the Cook County Sheriffs Police Department (Department Rules), Department Rule 10.4, which provides:

“Officers of the Department are instructed to refrain from carrying firearms during non-duty hours when there is a likelihood that they will be consuming alcoholic beverages or using legally prescribed drugs which may impair their physical or mental ability.”

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Bluebook (online)
901 N.E.2d 1043, 387 Ill. App. 3d 899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/remus-v-sheahan-illappct-2009.