Black Sergeant's Firing By White Administration Overturned

BOLINGBROOK, IL - In a setback for the village of Bolingbrook's administration, former Bolingbrook Police Sgt. Willie McRay, who is African-American, has won a key legal battle in federal court to get his job back. McRay's lawyers announced on Thursday that a federal court has vacated Bolingbrook's decision to fire McRay back on April 6, 2017. The firing was carried out by the Bolingbrook Fire and Police Commissioners and recommended by former Public Safety Director Tom Ross, an appointee of Mayor Roger Claar.

"McRay had an unblemished 14-year career with the Village of Bolingbrook Police Department up until October, 2016 when Ross initiated McRay’s termination proceeding by bringing charges against Sgt. McRay for purportedly violating the department’s rule prohibiting associations with known felons," stated Chicago attorney Laura L. Scarry of the law firm DeAno & Scarry.

On Thursday morning, Patch reached out to the Bolingbrook Police Department for their comments and reaction to this week's ruling and to find out whether the court's ruling will impact on McRay's immediate employment status at the police department.

"We have just received the judge's ruling this morning and legal counsel is currently reviewing this matter," stated Lt. Anthony Columbus of the Bolingbrook Police Department.

McRay's lawyer noted the majority of the charges against the Bolingbrook Police sergeant stemmed from incidents involving McRay’s young adult son, who pled guilty in 2015 to felony possession of a look-alike substance.

"Like many young adults in this community, McRay’s son was struggling with an addiction to prescription drugs," she stated.

Last year, McRay filed a civil rights lawsuit in federal court alleging that Ross, the village of Bolingbrook and several members of the Bolingbrook Police Department command staff "violated his constitutional rights, specifically his fundamental right to be a parent to his young adult son, as well as his right to be free from race discrimination. On April 26, 2017, McRay amended his complaint requesting that the federal court conduct an administrative review of the Board’s termination decision," his lawyer stated.

On Wednesday, the federal court granted McRay’s motion and vacated the Board’s decision and ruled the Board was incorrect in finding McRay violated the criminal association rule which formed the basis of the charges against McRay, his lawyers explained.

The court, however, left intact the Board’s findings that McRay committed other minor infractions and ordered that the Board revisit what discipline, if any, should be imposed against McRay.

It is unclear when the Board will meet next to determine McRay’s fate.

McRay's lawyer told Bolingbrook Patch on Thursday morning that she believes Bolingbrook's white command staff pursued McRay's job dismissal in "large part" because of her client's race.

"We always believed in our client. This (ruling) was about as good as it could get given all the facts," Scarry told Patch. "He's grateful that the federal court see through the convoluted facts that basically came forward as the basis of his termination."

According to McRay’s attorney, the minor infractions the Board is left with should not result in terminating my client’s employment or some other severe form of punishment.

“We wouldn’t even be here were it not for former Public Safety Director Ross’ and his command staff members’ targeting of McRay just because he was the father of a college-aged son who was struggling with a drug addiction," Scarry said in her press release.

In the meantime, McRay’s federal lawsuit relating to his constitutional claims against the Village, Ross and
members of his command staff remain pending.

"Willie never wanted to be fired," his lawyer told Patch. "He was planning to do his 20 years at the village of Bolingbrook. He feels abandoned by the village of Bolingbrook so it's difficult to say what will make Sgt. McRay whole again. It never should have gotten to the public safety director."

In the 25-page ruling, U.S. District Judge Edmond Chang wrote, "it would make a lot of sense for the parties to engage in settlement negotiations in light of the decision. There are still a plethora of depositions to be taken but rather than expend time, resources and attorney's fees on discovery, creative minds and cooler heads should try to resolve this case. The Position Paper is due by June 11, 2018."

RELATED: Black Bolingbrook Cop Said Associating With Son Got Him Fired

Main image via John Ferak/Editor Bolingbrook Patch