Van Milligan v. Board of Fire and Police Com'rs of Village of Glenview

• Citation: 158 Ill.2d 85,630 N.E.2d 830,196 Ill.Dec. 665
• Decision Date: 20 January 1994
• Docket Number: Nos. 75080,75086,s. 75080
• Parties: , 196 Ill.Dec. 665 David VAN MILLIGAN, Appellee, v. The BOARD OF FIRE AND POLICE COMMISSIONERS OF the VILLAGE OF GLENVIEW et al., Appellants.
• Court: Supreme Court of Illinois

Page 830

630 N.E.2d 830

158 Ill.2d 85, 196 Ill.Dec. 665

David VAN MILLIGAN, Appellee, v. The BOARD OF FIRE AND POLICE COMMISSIONERS OF the VILLAGE OF GLENVIEW et al., Appellants.

Nos. 75080, 75086.

Supreme Court of Illinois.

Jan. 20, 1994.

Jeffrey M. Randall and Richard Lee Stavins, of Robbins, Salomon & Patt, Ltd., Chicago, for appellants Board of Fire & Police Commissioners of the Village of Glenview et al.

Arthur C. Thorpe and Richard T. Wimmer, of Klein, Thorpe & Jenkins, Ltd., Chicago, for appellant Chief of Police of the Village of Glenview.

Frank E. Stachyra, Riverside, for appellee.

Beth Anne Janicki, Springfield, for amicus curiae Illinois Municipal League.

Susan S. Sher, Corporation Counsel, Chicago (Lawrence Rosenthal, Benna Ruth Solomon and Bobbie McGee Gregg, of counsel), for amicus curiae City of Chicago.

Thomas F. McGuire, Long Grove (James P. Manak, of Evanston, of counsel), for amicus curiae Illinois Association of Chiefs of Police.

Justice McMORROW delivered the opinion of the court:

The Village of Glenview chief of police and the chairman and board members of the We conclude that principles of laches did not bar the officer's discharge. However, we determine that the police board should not have prevented the police officer from presenting evidence in his own defense at his discharge hearing. Consequently, we set aside the police board's discharge of the police officer and remand the matter to the police board for further proceedings consistent herewith.

[196 Ill.Dec. 667] board of fire and police commissioners of the Village of Glenview (hereinafter collectively referred to as the police board) appeal from the appellate court's decision (241 Ill.App.3d 807, 182 Ill.Dec. 288, 609 N.E.2d 822) that the police board's termination of a police officer's employment is barred by the doctrine of laches because the police officer's conduct, for which his employment was terminated, occurred more than five years prior to the date on which the disciplinary charges against the officer were filed.

BACKGROUND

According to the pertinent facts of record, David Van Milligan (Van Milligan) was discharged for violations of department rules during an encounter with Milton W. Grosse (Grosse), a resident of Glenview, that occurred on July 22, 1982. At the time, Van Milligan was on duty as a police officer of the Village of Glenview. Van Milligan arrested Grosse during the incident and criminal charges were filed against him. Some of the criminal charges were later nol-prossed by the State. Grosse was acquitted of the remainder.

Grosse accused Van Milligan of having committed various civil rights violations during the arrest. Initially the matter was investigated by the deputy chief of the Glenview police department, who determined that Grosse's allegations of civil rights violations were "unfounded." Grosse later filed suit in the Federal district court alleging violations of his civil rights under Federal law (42 U.S.C. § 1983 (1988)) as well as State law claims. Following a jury trial, judgment in the Federal civil rights suit was entered against Van Milligan and in favor of Grosse for $50,000 in compensatory damages and $10,000 in punitive damages.

During the pendency of the Federal suit, Van Milligan continued his duties as police officer of the Glenview police department. He was given satisfactory personnel reviews during this period, and on some occasions the chief of police placed notes of commendation in Van Milligan's file. The chief of police asked that Van Milligan keep him informed of the progress of the Federal proceeding. Once, when Van Milligan informed his police chief that Grosse had made an offer to settle the Federal suit, the chief responded, "Don't settle. The Village will be behind you all the way."

However, after the Federal district court denied post-trial motions in Grosse's Federal suit against Van Milligan, the police chief instituted an action for Van Milligan's dismissal from the police force. Discharge was sought on the basis that Van Milligan's treatment of Grosse during the July 1982 arrest amounted to an assault and battery, and thereby constituted a violation of Grosse's Federal civil rights. Relying upon principles of collateral estoppel and the transcript of the trial in the Federal civil rights suit, the police board denied Van Milligan the opportunity to present evidence on the question of whether his treatment of Grosse constituted an assault, battery, or violation of Grosse's civil rights under Federal law. The police board then entered a decision that terminated Van Milligan's employment.

Van Milligan sought administrative review of the police board's decision in the circuit court. The trial court denied Van Milligan's request for reinstatement, finding that Van Milligan had been properly discharged and that the doctrine of laches did not bar the termination of his employment. The appellate court reversed (241 Ill.App.3d 807, 182 Ill.Dec. 288, 609 N.E.2d 822) with one justice dissenting (241 Ill.App.3d at 812, 182 Ill.Dec. 288, 609 N.E.2d 822 (Greiman, J., dissenting)). This court allowed the police board's petition for leave to appeal (134 Ill.2d R. 315).

APPLICATION OF EQUITABLE DOCTRINE OF LACHES

Van Milligan contends that equitable principles of laches should be applied in the instant cause to bar his discharge. Van Milligan notes that the Grosse incident occurred in July 1982. However, the action seeking Van Milligan's discharge was not filed until January 1988, almost 5 1/2 years after the Grosse incident.

Generally, principles of laches are applied when a party's failure to timely assert a right has caused prejudice to the adverse party. (Tully v. State (1991), 143 Ill.2d 425, 432, 158 Ill.Dec. 546, 574 N.E.2d 659.) The two fundamental elements of laches are lack of due diligence by the party asserting the claim and prejudice to the opposing party. Tully, 143 Ill.2d at 432, 158 Ill.Dec. 546, 574 N.E.2d 659.

Van Milligan suggests that both of these elements are present in this case. He contends that the approximate five-year delay in filing disciplinary charges against him evidenced a lack of due diligence. Van Milligan also argues that the record reveals that he was prejudiced by the failure to institute disciplinary charges sooner. The appellate court in the present cause found laches applicable for the following reasons:

"No one had ever indicated to Van Milligan that the result of Grosse's suit would have any effect on his status with the [police] Department. In fact, the Department indicated support for Van Milligan and encouraged him not to settle the litigation. Moreover, the Department determined, in its internal investigation, that the charges against Van Milligan were 'unfounded.' It is not unreasonable to believe that had Van Milligan known that the results of the civil suit would be applied in a subsequent disciplinary hearing and would collaterally estop him from litigating those issues before the Board, he might have settled the case or otherwise proceeded differently. Thus, we believe that Van Milligan suffered prejudice as a result of the * * * delay. Therefore, the [police chief was] guilty of laches and barred from bringing charges against Van Milligan." 241 Ill.App.3d at 811, 182 Ill.Dec. 288, 609 N.E.2d 822.

We conclude that the appellate court's decision on this point was in error. The appellate court's reasoning ignored substantial precedent in this State that has applied laches against a governmental body's actions only under compelling circumstances. There is considerable reluctance to impose the doctrine of laches to the actions of public entities unless unusual or extraordinary circumstances are shown. (Hickey v. Illinois Central R.R. Co. (1966), 35 Ill.2d 427, 447, 220 N.E.2d 415.) This is so because laches "may impair the functioning of the [governmental body] in the discharge of its government functions, and * * * valuable public interests may be jeopardized or lost by the negligence, mistakes, or inattention of public officials." (Hickey, 35 Ill.2d at 447-48, 220 N.E.2d 415.) Although "the reluctance to apply equitable principles * * * does not amount to absolute immunity * * * from laches and estoppel under all circumstances," it has been recognized that laches does not apply to the exercise of governmental powers except under "compelling circumstances." (Hickey, 35 Ill.2d at 448, 220 N.E.2d 415; see also Ferretti v. Department of Labor (1987), 115 Ill.2d 347, 352, 106 Ill.Dec. 760, 506 N.E.2d 560 (holding that State is not estopped from reassessing taxpayer liability, even where a tax return had been previously approved by State).) Also, the decision with respect to whether laches should be invoked is generally a discretionary matter. (Pettey v. First National Bank (1992), 225 Ill.App.3d 539, 546, 167 Ill.Dec. 771, 588 N.E.2d 412.) Our review of the facts of record does not disclose a valid basis to disturb the discretionary determination of the police board in the present case.

Based upon our review of the record, we conclude that Van Milligan has not demonstrated that he was prejudiced by the approximate five-year delay in filing disciplinary charges against him. Van Milligan's suggestions that he might have conducted his Federal civil rights defense differently, or that he might have entered into a settlement agreement with Grosse in the Federal civil rights proceeding, are speculative and insufficient to prove that Van Milligan was, in fact, harmed by the lapse of time that occurred in the instant cause. Also, as we state in more detail below, it is our determination that this matter should be remanded for a full hearing wherein principles of collateral estoppel will not be applied to limit the evidence Van Milligan presents in his defense. In light of this determination, there is nothing in the record to demonstrate that Van Milligan will be deprived of an opportunity to present a full...