Greco v. State Police Merit Bd.
| Citation | 245 N.E.2d 99,105 Ill.App.2d 186 |
| Decision Date | 22 January 1969 |
| Docket Number | Gen. No. 52364 |
| Parties | Albert GRECO, Plaintiff-Appellant, v. STATE POLICE MERIT BOARD, L. F. Tomlinson, Chairman and Member of the State Police Merit Board, R. E. Yalden, Secretary and Member of the State Police Merit Board, General William H. Arnold, Member of the State Police Merit Board, and William H. Mirris, Superintendent, Division of State Highway Police, Department of Public Safety of the State of Illinois, Defendants-Appellees. |
| Court | United States Appellate Court of Illinois |
Page 99
v.
STATE POLICE MERIT BOARD, L. F. Tomlinson, Chairman and
Member of the State Police Merit Board, R. E. Yalden,
Secretary and Member of the State Police Merit Board,
General William H. Arnold, Member of the State Police Merit
Board, and William H. Mirris, Superintendent, Division of
State Highway Police, Department of Public Safety of the
State of Illinois, Defendants-Appellees.
[105 Ill.App.2d 187]
Page 100
Daniel A. Gallagher, Chicago, for plaintiff-appellant.William G. Clark, Atty. Gen. of Illinois, Chicago, for defendants-appellees; John J. O'Toole, Bernard Genis and John J. George, Asst. Attys. Gen., of counsel.
Kleiman, Cornfield & Feldman, Chicago, for amicus curiae.
[105 Ill.App.2d 188] DRUCKER, Presiding Justice.
Plaintiff filed an action in the Circuit Court seeking an administrative review of the decision of the State Police Merit Board discharging plaintiff as a Trooper on the Illinois State Police. The court affirmed the Board's decision and plaintiff appealed.
On appeal plaintiff's principal contentions are that Merit Board's denial of his demand for a Bill of Particulars and its refusal to order the production of pre-trial written statements of witnesses who testified against him constituted prejudicial error and deprived him of a fair hearing.
Proceedings Before the Merit Board
On December 10, 1963, a complaint was filed with the Department of Public Safety, Division of State Highway Police, against the plaintiff, Trooper Albert Greco. The complaint alleges that respondent (plaintiff) 'was guilty of one or more of the following acts, failures to act, courses of conduct, or things,' and then proceeds to list seventeen items, two of which have five sub-parts, one of which has six sub-parts, and another of which has seventeen sub-parts. The complaint does not state any persons whom the alleged acts or failures to act affected, nor the times, dates or places where the acts were allegedly committed.
On November 19, 1964, the State Police Merit Board was informed that respondent had changed attorneys and was then being represented by Daniel A. Gallagher. On November 25, 1964, a demand for Production of [105 Ill.App.2d 189] Written Statements was filed. Only the written statements of respondent were sent to his attorney.
On December 2, 1964, a demand for a Bill of...
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