IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

BOBBY SIMS and PHILLIP WISEMAN ) 

 ) 

 Plaintiffs, ) 

 ) 

 v. ) Court No. 03 C 00381 & 03 C 

00382 

 ) 

JEROME SCHULTZ, individually and ) Judge Joan Gottschall 

in his official capacity as Chief of ) 

Police of the Willow Springs Police ) 

Department, the VILLAGE OF ) 

WILLOW SPRINGS, a municipal ) 

corporation, JOHN LYNN, ) 

individually and in his official ) 

capacity as Lieutenant of the Willow ) 

Springs Police Department, ) 

CHRISTOPHER LIMAS, individually ) 

and in his official capacity as Village ) 

Administrator of the Village of ) 

Willow Springs, TERRANCE CARR, ) 

individually and in his official ) 

capacity as President of the Village ) 

of Willow Springs, ) 

 ) 

 Defendants. ) 

MOTION FOR JUDGMENT AS A MATTER OF LAW 

ON PLAINTIFFS’ DUE PROCESS CLAIMS

NOW COME the Defendants, THE VILLAGE OF WILLOW SPRINGS, 

JEROME SCHULTZ, TERRANCE CARR, JOHN LYNN, and CHRISTOPHER LIMAS 

(collectively “Defendants), by and through their attorneys, CHILTON YAMBERT 

PORTER & YOUNG LLP, and move this Court for Judgment as a Matter of Law on the 

issue of Plaintiffs’ due process claims pursuant to Rule 50 of the Federal Rules of Civil 

Procedure, at the close of Plaintiffs’ cases, and in support of said motion, state as follows: 
 1. Plaintiff Sims and Plaintiff Wiseman assert due process claims based on 

the allegation that they were deprived of the rights and privileges of continued 

employment as patrol officers without cause, written charges, and an opportunity to be 

heard in violation of due process. (See, Sims Complaint Count IV; Wiseman Complaint 

Count III). 

 2. The Village terminated Plaintiff Sims for using more than the allotted 12 

weeks of FMLA time and terminated Plaintiff Wiseman for not cooperating with the 

Village’s internal investigation into the distribution of flyers, for the Barnard incident and 

for insubordination (See, Defendants’ Exh. 27 and 51). Defendant Limas testified that he 

consulted with the Village Attorney regarding the number of weeks of taken by Plaintiff 

Sims and concluded that Plaintiff Sims used more than his allotted 12 weeks of FMLA 

time. Only after Defendants Limas consulted with the Village Attorney about the 

Village’s obligation under the FMLA did the Village terminate Plaintiff Sims 

employment. Defendants reasonably relied on their attorney’s advice and determined 

that Plaintiff Sims should be terminated for cause. 

3. Similarly, Defendants Limas and Schultz testified that they consulted with 

Attorney Rothschild about Plaintiff Wiseman’s refusal to cooperate during the Village’s 

internal investigation into the flyers, how Wiseman’s involvement in the Barnard incident 

opened the Village up to liability and Wiseman’s insubordination before the Village 

terminated Plaintiff Wiseman. Defendant Limas testified he created a draft termination 

letter but indicated that it was the Village Attorney that took his draft and prepared the 

“meat” Plaintiff Wiseman’s termination letter. Similarly, the Village relied on these 

reasons before terminating Wiseman for cause. 
4. Based on the evidence presented, it is clear that Plaintiffs were not entitled 

to a pre-termination hearing under the Collective Bargaining Agreement. (Trial Tr. Vol. 

2 p. 295). However, the Collective Bargaining Agreement which provided Plaintiffs 

with sufficient post-termination relief. In fact, Plaintiff Wiseman admitted at trial that he 

proceeded through steps I and II of the grievance process but that his request for 

arbitration did not proceed because his union had decertified and the new union refused 

to pick up the claim. (Trial Tr. Vol 2 p. 255-256; Defendants’ Exh. 86). The union’s 

decision not to pursue arbitration on behalf of Plaintiffs is through no fault of Defendants. 

 5. Further, Plaintiffs’ claim that their rights were violated during the 

Village’s internal investigation is unsupported. Plaintiffs admitted that they were advised 

of their rights and executed administrative proceedings forms prior to being questioned 

by Chief Schultz in conjunction with the Village’s internal investigation. (See 

Defendants’ Exh. 27 and 51). Moreover, Plaintiff Wiseman admitted he was represented 

by counsel for the FOP during his “interrogations” and Plaintiff Sims admitted that was 

represented by Mr. Radja and the FOP during his “interrogations”. Both Plaintiffs 

testified that nothing prevented their counsel from asking questions or instructing them 

on how to answer. 

6. In regards to Plaintiff Sims, Defendants Schultz and Limas testified that 

according to the medical documentation submitted by Plaintiffs, it was “undetermined” as 

to when Plaintiffs Sims was coming back to work. (Plaintiffs’ Exh. 8). Even if 

Defendants were to provide Plaintiffs with a pre-termination hearing, the Village’s 

interest in maintaining a full complement of police officers for the benefit of the entire 

community clearly outweighs Sims’ interest in continued employment. Jones v. City of 
Gary, 57 F.3d 1435 (7th Cir. 1995) (affirming district court’s determination that postsuspension hearing was adequate protection of due process rights in light of fact AWOL 

firefighter, who suffered from arthritic condition, did not know when he would return to 

work). 

 7. In light of the evidence presented, Plaintiffs’ due process claims are 

unsupported and are refuted by Plaintiffs’ own testimony. As such, Defendants are 

entitled to judgment as a matter of law. 

WHEREFORE, Defendants, THE VILLAGE OF WILLOW SPRINGS, JEROME 

SCHULTZ, TERRANCE CARR, JOHN LYNN, and CHRISTOPHER LIMAS, 

respectfully request that this Court enter judgment as a matter of law, at the close of the 

Plaintiffs’ cases, on the Plaintiffs’ due process claims. 

 s/Kenneth T. Garvey 

 Attorney Bar No. 0920827 

 Chilton Yambert Porter & Young LLP 

 150 South Wacker Drive, Suite 2400 

 Chicago, Illinois 60606 

 Telephone: (312) 460-8000 

 Facsimile: (312) 460-8299 

 Email: kgarvey@cypylaw.com