Roake v. Forest Preserve District of Cook County, No. 16-2976 (7th Cir. 2017)Annotate this Case
In 2013, Roake, an off-duty Forest Preserve District of Cook County police officer, took champagne to a department police station to celebrate the New Year, allegedly with permission from a sergeant. In January 2014, the department initiated disciplinary proceedings against Roake for his participation in the New Year’s Eve gathering. Roake alleges that hearing officers “upheld the charges” against him, and that he saw the “handwriting on the wall,” so he resigned his job. Roake claimed that his involvement in the party was a pretext for disciplining him because he had previously reported official misconduct within the department: an October 2013 incident involved racial profiling; the other, around February 6, 2014, involved a fellow officer whom Roake believed had been unjustly disciplined. Roake alleges that officials of the Forest Preserve department told certain prospective employers that he had consumed alcohol while on duty, damaging his professional reputation and making it difficult for him to find work. The Seventh Circuit affirmed dismissal of his retaliation action under 42 U.S.C. 1983. Roake did not show that he was disciplined for engaging in constitutionally protected speech, or that he was deprived of a constitutionally protected liberty or property interest without due process.