Retired Joliet police detective’s racial discrimination lawsuit dismissed by judge

A federal judge dismissed a racial discrimination lawsuit from a former Joliet police detective who claimed a former police chief conspired with another department to have him arrested on a domestic battery charge.

In a July 15 ruling, U.S. District Judge Jeffrey Cummings dismissed the federal claims in the 2019 lawsuit case filed by David Jackson, a Joliet police detective who retired last March.

But the judge relinquished his jurisdiction of Jackson’s remaining state claims. Those claims involve allegations of intentional infliction of emotional distress, false arrest and malicious prosecution.

Jackson could refile those state claims in Will County court.

Cummings found Jackson failed to provide strong enough evidence for a jury to decide his federal claims of unlawful arrest, racial discrimination and retaliation.

Cummings is the same judge who dismissed the conspiracy lawsuit filed by former Joliet Mayor Bob O’Dekirk. But Cummings did not dismiss a wrongful death lawsuit filed by Nicole Lurry, the widow of Eric Lurry, whose 2020 in-custody death sparked protests.

The 2019 lawsuit

The lawsuit alleged that Jackson, who is Black, was not liked at the Joliet Police Department for his “resistance to its discriminatory culture and practices.” The lawsuit alleged that the department has a “history of retaliation and anti-Black culture.”

According to the lawsuit, Jackson was subjected to “frivolous internal affairs charges” for publicly issuing a statement to the media on behalf of the Joliet chapter of the Black Police Officers Association.

The lawsuit alleged that retired Joliet Police Chief Al Roechner conspired with the Crest Hill Police Department and others to have Jackson arrested on a domestic battery charge and obstructed his ability to obtain evidence proving his innocence.

Jackson’s lawsuit alleged that Roechner saw his chance to “get even” with Jackson after he questioned former Joliet Deputy Police Chief Marc Reid investigating a Black police officer who was suing Reid in a racial discrimination lawsuit.

That officer was Lionel Allen, whose 2018 lawsuit led to a $200,000 settlement with the city that was paid only to Allen’s attorneys. U.S. District Judge Steven Seeger had dismissed Allen’s racial discrimination claims but not one of his retaliation claims.

The domestic battery case against Jackson was dismissed in 2019 after a special prosecutor said the alleged victim was not willing to come forward.

Probable cause for arrest

In Cummings’ July 15 ruling, he dismissed Jackson’s federal claim that Crest Hill police officers had no probable cause to arrest him on the domestic battery charge.

The alleged victim gave consistent accounts to officers, she had fresh injuries to her body, and she claimed that Jackson was the assailant, all of which led officers to believe there was probable cause to arrest Jackson, Cummings said.

The judge found the arrest was further validated by a warrant issued by a Will County judge.

Once officers have established probable cause for an arrest, they are not constitutionally obligated to conduct further investigation to discover evidence favorable for the suspect, Cummings said.

Racial discrimination claims

Cummings allowed Jackson to supplement his case with the 2024 report from the Illinois Attorney General’s Office’s civil investigation of the Joliet Police Department.

Jackson’s attorneys wanted the report included in the case to show that Joliet police officials’ “biased handling” of a domestic complaint against Jackson was “not an aberration” but part of the department’s “standard biased operating procedure as it pertains to Black community members.”

Cummings ruled that Jackson did not suffer “adverse employment action” while he worked for the police department.

Cummings found no evidence that Jackson’s “compensation, vacation time and working hours were affected” by alleged “adverse actions” from his employer.

“[Jackson’s] unpaid suspensions were never served, and the assertedly unwarranted public criticisms that he received were neither severe enough nor pervasive enough to come close to establishing a hostile working environment,” Cummings said.

The punishment involved Jackson receiving a one-day suspension for an unauthorized statement to the media and a 30-day suspension for violating departmental policies in connection with the alleged domestic battery incident, Cummings said.

Cummings said Jackson also failed to present “sufficient evidence” that would allow a jury to find he was treated differently from “similarly situated” white officers.

Jackson did not “meaningfully address” his claims that his arrest was a conspiracy or that Joliet police officials used departmental policies to “silence” officers who complained about racial discrimination, Cummings said.

“Consequently, the court finds that Jackson has abandoned these claims,” Cummings said.