Lalowski v. City of Des Plaines, No. 12-3604 (7th Cir. 2015)
Annotate this CaseDemonstrators gathered outside an abortion clinic, planning to display signs containing images of aborted fetuses. Then-Officer Lalowski was finishing an overnight shift when he noticed the demonstrators and stopped his marked police vehicle, telling demonstrators not to impede traffic or to stop anyone from entering the clinic and that he would arrest them if they did not comply. Emmerth claims Lalowski called her a “fat fucking cow.” Others claim that Lalowski used repeated profanities and threats. Lalowski concedes that the confrontation was “adversarial” but denies using profanity. The exchange lasted only minutes. Later, he decided to confront the demonstrators about their signs. Off duty, wearing plain clothes, he returned in his personal vehicle, and spoke to an officer on duty and to Emmerth, making insulting comments about her weight and touching her. Lalowski stayed for approximately 80 minutes. A demonstrator called 911 to request police assistance in dealing with him. An investigation of his conduct resulted in a report that “Lalowski’s conduct … toward the public was harsh, profane, and unruly and caused a huge disturbance.” Lalowski’s disciplinary history included five suspensions and two written reprimands. After hearings, Lalowski was terminated. The Seventh Circuit affirmed summary judgment rejecting his claim of retaliation for protected speech, 42 U.S.C. 1983, but vacated with respect to his Illinois law administrative review claim.
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