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7th Circuit Reinstates Claims Against Orland Hills by Whistleblowing Cop

March 13th, 2013

On March 11, 2013, the 7th Circuit Court of Appeals ruled in favor of terminated Orland Hills part-time Police Officer David Kristofek. The Village of Orland Hills is alleged to have terminated Kristofek after he reported politically motivated corruption to the FBI.  Kristofek claims, he went to the FBI after being ordered by a superior officer to destroy evidence and release a prisoner. Kristofek asserts he was told that the motorist was politically connected.

The complaint claims Orland Hills’ Police Chief terminated Kristofek once he learned of the officer going  to the FBI.  Kristofek then filed suit claiming a violation of the First Amendment, the Illinois Constitution, and the Illinois Whistleblower Act.  The trial court dismissed Kristofek’s complaint, finding that he did not allege that he spoke on a matter of public concern.  Kristofek appealed.  After briefing the matter, the 7th Circuit Court of Appeals heard argument and ruled in Kristofek’s favor.

This case was successfully argues by Reimer & Dobrovolny Labor Law PC partner, Keith A. Karlson, and Chicago attorney, Jerome F. Marconi.

Below is a link to the recording of the oral argument and the decision of the Court:

Kristofek v. Orland Hills Opinion                       Kristofek v. Orland Hills Oral Argument