Alioto v. Town of Lisbon, No. 09-3921 (7th Cir. 2011)
Annotate this CaseA sergeant was asked by town supervisors to investigate charges of "double dipping" against the police chief, who reportedly told the sergeant that he would "get him." The sergeant was acting chief while the chief was on administrative leave. Although independent investigation substantiated the sergeant's report, the chief was reinstated and began to work on retribution, ranging from "slights" to defamatory statements made to cause criminal prosecution. The sergeant took medical leave and did not return to work before the police department was disbanded. The district court granted a motion to dismiss that claimed qualified immunity and that the sergeant's complaint did not adequately allege constitutional violations. The Seventh Circuit affirmed. The district court acted within its discretion in concluding that the sergeant failed to establish good cause for modifying the scheduling order to permit amendment of the complaint. The sergeant failed to respond to "myriad" arguments presented in the motion to dismiss.
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