Rolling v. Dart

2023 IL App (1st) 220556-U
CourtAppellate Court of Illinois
DecidedJune 16, 2023
Docket1-22-0556
StatusUnpublished

This text of 2023 IL App (1st) 220556-U (Rolling v. Dart) 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
Rolling v. Dart, 2023 IL App (1st) 220556-U (Ill. Ct. App. 2023).

Opinion

2023 IL App (1st) 220556-U

SIXTH DIVISION June 16, 2023

No. 1-22-0556

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

Appeal from the BRIDGETT ROLLING, ) Circuit Court of ) Cook County, Plaintiff-Appellant, ) Chancery Division ) v. ) No. 2019 CH 08870 ) THOMAS J. DART and the ) The Honorable COOK COUNTY SHERIFF’S DEPARTMENT, ) Anna M. Loftus ) Judge, presiding. Defendants-Appellees. )

JUSTICE TAILOR delivered the judgment of the court. Presiding Justice Mikva and Justice C.A. Walker concurred in the judgment.

ORDER

¶1 Held: The judgment of the circuit court is affirmed. We conclude that the Merit Board’s findings were not against the manifest weight of the evidence, the sanction it imposed was supported by sufficient cause, and its decision was not barred by laches.

¶2 I. BACKGROUND

¶3 Officer Bridgett Rolling started working as a correctional officer with the Cook County

Sheriff’s Office (CCSO) in February of 1995. On August 23, 2005, when Rolling was off duty,

she was arrested and charged with criminal trespass to a motor vehicle and resisting arrest. No. 1-22-0556

Rolling claimed she provided written notice of the incident to her superintendent, James Scaife,

but admitted she never independently reported her arrest to the Internal Affairs Division (IAD) of

the CCSO, as required by CCSO General Order 3.8 (“Employees will submit written notification

within five (5) working days of any criminal arrest, indictment, or conviction for a felony or

misdemeanor, to the divisional Superintendent/Unit Head and the department Internal

Investigations Unit.”)

¶4 To report an arrest to IAD in 2005, an employee could either report in person to IAD or

submit a memo, which would then be stamped, marked, and put in IAD’s file. The employee

would then receive a stamped copy of the memo and be de-deputized pending the outcome of

IAD’s investigation. (IAD’s name was changed to the Office of Professional Review (OPR) in

2008.)

¶5 On March 1, 2006, Rolling appeared in court and pleaded guilty to an amended charge of

disorderly conduct. She was sentenced to 12 months supervision and ordered to pay $189. She

claims she told her superintendent, Scaife, about what transpired at her court proceeding, but

admitted she never notified IAD of the outcome.

¶6 Rolling was arrested again in 2007 and was charged with obstructing a police officer,

battery of a police officer, and resisting arrest. She did report this arrest to IAD. She then

proceeded to a hearing before the Merit Board and received a 150-day suspension as a sanction.

¶7 In 2013, the CCSO’s Office of Policy and Accountability performed a routine

background check of CCSO employees. Afterwards, it notified OPR that Rolling had been

arrested in 2005 and 2007. OPR was already aware of Rolling’s 2007 arrest because she had

reported it to IAD, but it was unaware of her 2005 arrest.

2 No. 1-22-0556

¶8 Investigator Jonathan Myslinski searched OPR’s databases for notifications about any

arrests or charges for Division XI employees – Rolling’s division – from approximately August

2004 to August 2006. He searched the IAPro Case Management System, OPR’s current

database, as well as the Microsoft Access Program, the database IAD used from “the early

nineties” until 2008. He found an arrest notification for another officer during his search, but

nothing regarding Officer Rolling. If IAD had been notified of Rolling’s arrest, it would have

been documented in OPR’s databases.

¶9 OPR Investigator Ashley O’Connor was assigned to investigate the circumstances

surrounding Rolling’s 2005 arrest. She interviewed Rolling on January 21, 2015. Rolling

attended the interview with her union representative, William Scott. Senior Investigator John

Kerlin was also present.

¶ 10 At the outset of the interview, O’Connor presented Rolling with three forms: the

Notification of Allegations, the Request to Secure Legal Counsel or Union Representative, and

her Administrative Proceeding Rights. Rolling signed all three forms, waived her right to secure

counsel for the interview, and proceeded with her union representative present.

¶ 11 When O’Connor asked Rolling about her 2005 arrest, Rolling said she met a man who

took her for a ride on his motorcycle, and they stopped at a gas station for gas. When the man

went inside the gas station, police pulled up and ordered Rolling to get off the motorcycle. After

she complied, the police pushed her against the gas pump and grabbed at her hands until they

were able to handcuff her. Rolling announced that she worked for the sheriff’s office, but she

was arrested and taken to the police station. She said she did not know why she was being

arrested until she arrived at the police station. She also said she did not know the motorcycle

was stolen, and did not resist arrest.

3 No. 1-22-0556

¶ 12 After she was released, Rolling said she went to her superintendent, James Scaife, and

wrote a memorandum about the arrest, but she could not remember if she delivered a copy to

IAD or not. She did not bring a copy of the memorandum to her 2015 interview.

¶ 13 When O’Connor asked her about the disposition of the case, Rolling said the 2005 case

was dismissed. She said she did not remember receiving a year of supervision, did not receive a

fine, and did not notify her supervisor about any conviction because she was found not guilty.

¶ 14 After the interview had concluded, O’Connor typed up a statement, summarizing their

discussion. She and Rolling went over the statement, line by line, and O’Connor wrote down the

changes Rolling requested. O’Connor then reviewed the statement with Rolling a second time,

asked if Rolling was okay with the changes, and Rolling confirmed that she was.

¶ 15 Before Rolling could sign the statement, however, Scott took her outside. When they

returned, Scott said, “We’re shutting this down. We want an attorney.” O’Connor indicated that

the interview was already complete and she did not plan to reinterview Rolling, but Scott advised

Rolling not to sign the statement. O’Connor notified Rolling that she would be obstructing the

investigation if she failed to sign. Rolling declined to sign the statement.

¶ 16 O’Connor concluded that Rolling had violated a number of CCSO rules because (1) she

had been arrested, charged, and convicted of a crime, (2) she did not notify OPR (then IAD) of

her arrest or conviction, (3) she displayed conduct unbecoming of a CCSO employee when she

announced her office to the police at the gas station, (4) her off-duty conduct reflected negatively

on the office, (5) she did not tell the truth during her interview, and (6) she failed to cooperate by

refusing to sign her statement, thereby obstructing the investigation. O’Connor then sent her

findings to her director for review, and Assistant Executive Director Jerome Graber

recommended that Officer Rolling be terminated.

4 No. 1-22-0556

¶ 17 On July 29, 2015, Sheriff Dart filed a complaint with the Merit Board, requesting

Rolling’s termination for (1) failing to obey all federal and local laws, (2) failing to report her

arrest and guilty plea to CCSO, (3) engaging in behavior off-duty that reflected negatively on

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2023 IL App (1st) 220556-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rolling-v-dart-illappct-2023.