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J&B Blog Archives

Risk Management: Avoiding Unnecessary Litigation in the Enforcement of Sign Codes

INTRODUCTION Signs used by citizens to convey messages to the public are generally regulated by local town codes and ordinances. Restrictions on the use of such signs can create constitutional issues that municipalities must be wary of when enforcing the provisions of their particular code. Sign use restrictions in an Arizona town’s code were recently   Continue Reading »

Court Finds Municipality Used Arrest Record to Wrongfully Terminate Employment

In Murillo v. City of Chicago, the First District Appellate Court was asked to interpret a section of the Illinois Human Rights Act (Act) (775 ILCS 5/2-103(A) that prohibits employers from “[using] the fact of an arrest” as a basis to discriminate in employment.  Plaintiff, after about three years working as a janitor for a   Continue Reading »

Supreme Court Holds Fourth Amendment Requires a Warrant for Blood Testing

The Supreme Court recently weighed in on state laws that require a motorist suspected of driving under the influence to submit to blood testing. Birchfield v. North Dakota (No. 14-1468, June 23, 2016)[1]. The holding of Birchfield has far reaching implications for the many states that require a person to submit to warrantless blood tests.   Continue Reading »

Supreme Court Ruling Expands First Amendment Municipal Liability

Ruling Focuses on Employer’s Motivation Rather than the Employee’s Intent — Even Where Employer Was Mistaken Regarding the Employee’s Behavioral Intent The Supreme Court recently expanded potential municipal liability in Heffernan v. City of Patterson, New Jersey (No. 14-1290, Apr. 26, 2016)[1]. The plaintiff, Jeffrey Heffernan, is a police officer working in the Police Chief’s office in   Continue Reading »

Federal District Judge Upholds Chicago PD Rule Limiting Tattoos

In June of 2015, the Chicago Police Department (CPD) issued changes to its uniform policy. Under the new policy, on-duty CPD officers are required to cover tattoos on the hands, face, neck, and other areas not covered by clothing, with skin tone adhesive bandages or tattoo covers. Soon after the policy went into effect, three   Continue Reading »

PROBABLE CAUSE FOR ARREST VS. PROBABLE CAUSE TO INITIATE CRIMINAL PROCEEDINGS - HOW THE STANDARD DIFFERS BASED ON THE CLAIM

In federal civil rights litigation, two of the most common claims brought against police officers and municipalities are those for false arrest and malicious prosecution.  For a plaintiff in a false arrest case to prove his claim, he must show, among other things, that the defendant police officer who arrested him did not have probable   Continue Reading »

ILLINOIS SUPREME COURT RULING BRINGS TORT IMMUNITY ACT BACK TO FULL STRENGTH

Over the years, the protections afforded to municipalities and public employees by the Illinois Tort Immunity Act have eroded somewhat due to various decisions extending the willful and wanton conduct exception found in 745 ILCS 10/2-202 to other provisions of the act.  For instance, in Doe v. Calumet City, 161 Ill.2d 374 (1994), the Illinois Supreme Court   Continue Reading »

Johnson and Bell

Johnson and Bell