Weiler v. Vill. of Oak Lawn

• Decision Date: 31 March 2015
• Docket Number: No. 14 C 4991,14 C 4991
• Parties: Chad Weiler, Plaintiff, v. Village of Oak Lawn and Larry Deetjen, Defendants.
• Court: U.S. District Court — Northern District of Illinois

86 F.Supp.3d 874

Chad Weiler, Plaintiff

v.Village of Oak Lawn and Larry Deetjen, Defendants.

No. 14 C 4991

United States District Court, N.D. Illinois, Eastern Division.

Signed March 31, 2015

William Martin Walsh, Law Office of William M. Walsh, Chicago, IL. for Plaintiff.

Dominick L. Lanzito, Kevin Mark Casey, Melissa D. Sobota, Peterson, Johnson & Murray Chicago LLC, Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

MATTHEW F. KENNELLY, District Judge:

Chad Weiler has sued the Village of Oak Lawn and Village Manager Larry Deetjen, challenging their decision to eliminate the Village's Department of Business Operations, of which Weiler was the sole employee. Weiler alleges that Deetjen recommended the elimination of the department because Weiler had publicly accused Deetjen of race discrimination and had supported an opposing party's candidates in the April 9, 2013 municipal election. Defendants have moved to dismiss Weiler's complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons stated below, the Court grants defendants' motion in part and denies it in part.

Background

For purposes of the motion to dismiss, the Court accepts as true the following facts alleged in Chad Weiler's complaint. See Fortres Grand Corp. v. Warner Bros. Entm't Inc., 763 F.3d 696, 700 (7th Cir.2014). Weiler was employed by the Village of Oak Lawn as Director of Business Operations from July 25, 2005 until August 13, 2013. Am. Compl. ¶ 7. He was the sole employee in the Department of Business Operations. As director, Weiler assisted with economic development, maintenance of village grounds, and special events. He also identified potential sites for new businesses in the Village. Id. ¶ 8. Weiler reported to Larry Deetjen, the Village Manager, who is “responsible for the overall administration of all Village departments.” Id. ¶ 10.

This lawsuit stems from the elimination of the Department of Business Operations (including the director position) through an ordinance passed by the Village of Oak Lawn's Board of Trustees. Weiler contends that Deetjen proposed the elimination of the department to the Board because Weiler had publicly accused Deetjen of race discrimination and had supported an opposing party's candidates in the municipal election.

Weiler's race discrimination allegations relate to the controversy surrounding where JenCare, a company that provides medical services to senior citizens, would build a facility in Oak Lawn. In early 2013, JenCare began negotiations to lease a building in the Village's downtown business area, which formerly housed a House of Brides store (the “House of Brides site”). Id. ¶ 11. Deetjen opposed that location and instead suggested that JenCare lease a building outside the downtown area that had previously been a Men's Wearhouse store (the “Men's Wearhouse site”). Id. ¶¶ 14–15. JenCare preferred the House of Brides site and asked if Deetjen would support a parking variance for that site. Deetjen refused to support JenCare in its request for approval in downtown Oak Loan. Id. ¶¶ 16–19.

JenCare petitioned the Village's Planning and Development Commission for parking variances for both sites. At an April 2013 meeting of the Commission, Deetjen “expressed ‘deep concerns' regarding JenCare's use of the House of Brides Site.” Id. ¶ 23. He stated that “the 57% parking variance was ‘significant,’ and also raised concerns regarding the building's exterior and existing sign.” Id. He also suggested that the JenCare facility would not comply with the Village's plan for the development of the downtown area. The Board denied JenCare's petition for a parking variance at the House of Brides site but eventually granted the company's petition for a variance at the Men's Wearhouse site. Id. ¶¶ 40–45, 51.

Deetjen told Weiler privately that he did not want JenCare in the former House of Brides location because he did not want that “type of clientele” in the downtown business area; instead, he thought JenCare should build its facility on the “outskirts of town.” Id. ¶ 52. Because Weiler believed a significant segment of JenCare's patients would be African American and Hispanic, he understood Deetjen's comments to mean that he did not want African Americans and Hispanics in downtown Oak Lawn. Weiler also inferred that Deetjen's comments were racially motivated because Deetjen had made a racist comment to an African–American police officer at a previous job.Id. ¶¶ 53–54. Weiler reported Deetjen's comments to Dave Heilmann, the Village's mayor at the time. Id. ¶ 60. Concerned about a potential lawsuit against the Village, Heilmann investigated the complaint and notified JenCare's Senior Vice President that JenCare may have been the victim of race discrimination. Id. ¶¶ 66–68.

In addition to alleging that his department was eliminated because he exposed race discrimination, Weiler also contends that his position was eliminated in retaliation for his public support of Heilmann, the incumbent mayor, and Melissa Moran, who ran for Village clerk, in the April 9, 2013 municipal election. Shortly after the election, which both Heilmann and Moran lost, Deetjen asked to meet with Weiler regarding his job “now that the election was over.” Id. ¶ 33. At the meeting, Deetjen said that Weiler was “in a pickle” and that he should have put signs in his yard supporting the incumbent clerk rather than Moran. Id. ¶ 34. In early July 2013, Deetjen proposed an agreement under which Weiler would retire on July 25, the date his pension would vest. Id. ¶ 88. Weiler believed that Deetjen was threatening to fire him if he did not retire. Id. ¶ 91. Weiler did not agree to retire, and the offer was rescinded.

Having failed to force Weiler's retirement, Deetjen submitted a memorandum to the Village Board of Trustees in advance of its August 13, 2013 meeting in which he suggested that eliminating the Department of Business Operations “would save ‘on an annual basis $102,000 gross in salaries and benefits but most likely $50,000 net after the Village Manager's office redistributes work assignments and/or utilizes some contracted services.’ ” Id. ¶ 96. At the meeting, the Board voted to pass an ordinance eliminating Weiler's department. Weiler was placed on administrative leave the next day, and the department was eliminated on September 1, 2013. Id. ¶¶ 98–100.

Weiler has brought a number of claims against Deetjen in his individual capacity and the Village of Oak Lawn. He claims that defendants are liable under 42 U.S.C. § 1983, because they retaliated against him for exercising his First Amendment rights (counts 1 and 2), terminated him because of his political speech and association in violation of the First Amendment (counts 3 and 4), terminated him because he opposed race discrimination in violation of the Equal Protection Clause of the Fourteenth Amendment (counts 5 and 6), and retaliated against him for complaining about the violation of JenCare's contract-related rights in violation of 42 U.S.C. § 1981 (counts 7 and 8). Weiler also brings a number state law claims. He claims that the Village violated the Illinois Civil Rights Act, 740 ILCS 23/5 (count 9), and the Illinois Human Rights Act, 775 ILCS 5/6–101(A) (count 11), by terminating him because he opposed race discrimination.¹ He also claims that both defendants violated the Illinois Whistleblower Act, 740 ILCS 174/15, by retaliating against him for disclosing information about illegal conduct to a government agency (count 10).

Discussion

When considering a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the Court accepts the plaintiff's allegations as true and draws reasonable inferences in his favor. Parish v. City of Elkhart, 614 F.3d 677, 679 (7th Cir.2010). In order to state a viable claim, the plaintiff must provide “enough facts to state a claim to relief that is plausible on its face.”

Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). A claim is plausible on its face if “the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009).

A. Legislative immunity

Defendants contend that Deetjen is entitled to absolute legislative immunity with respect to the federal claims, because his proposal to eliminate the Department of Business Operations constituted a legislative act. Weiler argues that the ordinance was actually a termination, which is administrative rather than legislative.

Absolute immunity is an affirmative defense. Tully v. Barada, 599 F.3d 591, 594 (7th Cir.2010). Although a plaintiff generally need not rebut affirmative defenses in his complaint, dismissal is appropriate if a “litigant [ ] pleads [himself] out of court by alleging (and thus admitting) the ingredients of a defense.” U.S. Gypsum Co. v. Ind. Gas Co., 350 F.3d 623, 626 (7th Cir.2003). The Court therefore must determine whether Weiler has alleged facts that would entitle Deetjen to immunity.

“Local legislators are entitled to absolute immunity from § 1983 liability for their legislative activities.” Bogan v. Scott–Harris, 523 U.S. 44, 54, 118 S.Ct. 966, 140 L.Ed.2d 79 (1998). To determine whether an official engaged in a legislative activity, a court must engage in a functional inquiry to assess whether his actions were “integral steps in the legislative process.” Id. at 55, 118 S.Ct. 966 ; see also Rateree v. Rockett, 852 F.2d 946, 950 (7th Cir.1988).

Weiler argues that Deetjen is not immune from liability because he did not vote on the ordinance eliminating Weiler's position. But an official need not be a legislator to be entitled to legislative immunity. The Supreme Court has concluded that “introducing, voting for, and signing an ordinance eliminating the government office held by respondent constituted legislative activities.” Bogan, 523 U.S. at 46, 118 S.Ct. 966. Courts have applied...