Retired Joliet cop said federal lawsuit was about ‘systemic racism’ in police department

A retired Joliet police officer said his lawsuit that resulted in a $200,000 settlement that will go only to his attorneys was about systemic racism in the police department but was also “loss for everyone,” especially city residents whom he said who footed the legal bills.

Lionel Allen filed his federal lawsuit in 2018 with claims of racial discrimination and retaliation against retired Joliet Police Chief Brian Benton, former Joliet Police Deputy Chief Marc Reid, who was in charge of internal affairs at the time, and the City of Joliet.

The case ended in late October with a $200,000 settlement that was signed by Allen, Benton, Reid, and Joliet City Manager James Capparelli, the latter of whom was the last to sign it on Nov. 21.

Allen will not receive the money. Instead it will go to his attorneys with Rapier Law Firm and the Law Offices of Julie O. Herrera, according to the settlement that was obtained by The Herald-News in a Freedom of Information Act request on Nov. 22.

The Rapier Law Firm will receive $186,500 and Herrera’s law firm will receive $13,500. The City of Joliet is supposed to be issue a check for the money with 21 days of a federal judge’s full dismissal of the case, which is expected to occur by Dec. 15.

The Law Offices of Julie O. Herrera had motioned to withdraw from the case on Oct. 24, 2019, saying they could not “ethically or effectively” represent Allen.

Allen said his lawsuit was never about money.

“It was about change in the systemic racism in the Joliet Police Department,” Allen said.

Benton, on the other hand, said, “There was absolutely no racial discrimination on our part.”

In a Feb. 25 ruling, U.S. Judge Steven Seeger had dismissed the racial discrimination claims in Allen’s lawsuit. Seeger did not dismiss retaliation claims regarding a last chance agreement that Allen said was offered to him by Benton in exchange for withdrawing a charge he filed with the U.S. Equal Employment Opportunity Commission.

Benton said the city’s attorneys had contributed to the language of that last-chance agreement.

Allen said the case started from him simply stating that he did not like a white officer making racial jokes. He said he was not treated fairly and he alleged the police department’s internal affairs had “fabricated a charge that I filed a complaint against a fellow officer, which I did not, and I was lying about how I felt.”

“This case was a loss for everyone, especially the citizens of Joliet who paid for the legal representation of the city in case for the last six years. It would be interesting see how much the city paid to be represented in this case. I’m sure it’s far more than the settlement,” Allen said.

Allen said, “I’m just glad it’s over.”

Allen said the 6-year time frame was accounting for the time he first filed a complaint in 2016 against the city with the EEOC. He said the city’s attorneys with Clark Baird Smith got involved with his case then.

Allen said it was his understanding that the city of Joliet was paying the settlement and not Benton or Reid. Benton said he is not paying any of the settlement.

Capparelli, Reid, Allen’s attorneys with Rapier Law Firm and the city’s attorneys with Clark Baird Smith did not respond to calls in the past week about the case.

When Allen was asked why he was not receiving any of the settlement money, he said, “It’s a settlement. I’ll just leave it at that.”

Allen retired Aug. 8, 2019, about eight months after retired Joliet Police Chief Al Roechner recommended him for termination.

In a letter dated Jan. 11, 2019, Roechner told Allen he was found to have violated department policies during a 2018 incident where he was assigned to attend an active shooting training.

“While impaired by alcohol, you were not dressed in your proper uniform of the day when you reported for city, and drove your squad to the main station upon returning to duty,” Roechner’s letter said.

City officials decided to keep Allen on the city’s payroll for months while he awaited a hearing from the city’s Board of Fire and Police Commissioners on his recommended firing. The hearing was never held before Allen retired.