Joliet Police Sgt. Sues City, Ex-Chief Benton For More Money

JOLIET, IL — A veteran Joliet Police Department official has refiled a lawsuit at the Will County Courthouse against the city of Joliet and former police chief Brian Benton in a dispute about money. According to last week's filing, by Sgt. David Mueller, a federal judge of the Northern District of Illinois had previously dismissed his federal lawsuit for lack of federal jurisdiction. The case alleges discrimination and unequal terms and conditions of employment "due to the plaintiff's status as a military service member."

The lawsuit states that Mueller lives in Cook County and got hired as a Joliet Police officer in January 1995. He is currently sergeant of operations. He was previously in the military from 1998 to 2005 and re-enlisted with the Illinois National Guard in August 2015.

According to the lawsuit, Mueller received a notice from the National Guard advising him of a job opening in the National Guard Counter Drug Task Force, and he applied for the post.

His military orders advised that Mueller would serve a full-time National Guard duty post from May 9, 2016, through Sept. 30, 2016. That April, Joliet Police Chief Brian Benton sent a notice to other police staff alerting everyone to Mueller's upcoming leave because of active military service, the lawsuit notes.

However, a month into Mueller's National Guard duty, Chief Benton sent Mueller an email advising that Sgt. Mueller "will be placed on an unpaid leave of absence and that he would have to use his benefit time for his military service and that he would not continue to accrue leave time such as vacation and personal days," the lawsuit contends.

The lawsuit states that Mueller "was forced to request early release from his active duty with the National Guard in order to return to his position at the Police Department and have his pay reinstated. Plaintiff also lost pension benefits with the National Guard as a result."

Mueller returned to regular duty at the Joliet Police Department on Aug. 1, 2016, and "he was forced to use 120 hours of accrued time and benefits," his lawyers say.

Mueller claims that what the Joliet Police Department did to him was a violation of the Illinois Military Leave of Absence Act.

The police chief's "decision to put plaintiff on unpaid leave instead of issuing the difference in pay between his daily rate of compensation at the National Guard and his daily rate of pay at the Joliet Police Department is in direct violation of IMLAA," the lawsuit contends.

The lawsuit also mentions the behavior of Benton's deputy chief of police Ed Gregory. Gregory retired from the force last fall, shortly after Benton left.

According to Mueller's lawsuit, "On or about April 6, 2016, after being informed by plaintiff that he was ordered to active duty on May 9, 2016, Defendant (Ed) Gregory called plaintiff into his office and yelled at and belittled plaintiff stating that 'he was (f******) over the department' by leaving and trying to double dip on pay.'"

On May 6, 2016, during the staff and command graduation, Deputy Chief Ed Gregory told Mueller in front of other police officers that Mueller "was screwing over the department by leaving them one supervisor short," the lawsuit states.

"Despite (the) plaintiff's complaints that defendants were violating (the) IMLAA, (the) defendants did not change (their) policy or practic(e) of violating (the) IMLAA," states the lawsuit filed on Sgt. Mueller's behalf by Hinsdale attorney Jacob Exline of the Kurtz Law Offices.

The lawsuit seeks compensatory damages, including back pay and actual damages, loss of past and future earnings, loss of benefit time, emotional distress, damage to professional reputation, humiliation, embarrassment and pain and suffering.

The lawsuit against Joliet and ex-chief Brian Benton also seeks money for the cost of Mueller's lawsuit as well as reasonable attorneys' fees, expert witness fees and other litigation expenses.