Black Cop's Suit V. Ex-Joliet Police Chief Can Proceed: Judge

JOLIET, IL — In a legal setback for the city of Joliet and ex-Joliet Police Chief Al Roechner, a federal judge in Chicago has ruled that Black police officer Anthony Sinnott's December 2020 racial discrimination lawsuit can proceed against them to a jury trial.

Joliet and Roechner are defended by lawyers Kelly Anne Coyle and James Powers of Clark Baird Smith in Rosemont. Clark Baird Smith had asked U.S. District Mary Rowland to dismiss Sinnott's lawsuit. Although the judge dismissed some of the plaintiff's counts including separate First Amendment and Fourteenth Amendment due process claims, the judge concluded that Sinnott's main count, alleging racial discrimination, can be decided by a federal jury.

"There’s this line from a case that defendants frequently quote in their summary judgment briefs," remarked attorney Stacey Vucko, who represents Sinnott in his federal lawsuit. "It goes something like this: 'summary judgment is the put up or shut up moment in the litigation.' Which is a way of saying: 'You’re complaining about discrimination? Now show us the proof.'

"My Client Does Not Intend To Shut Up"

"In Officer Sinnott’s case, we put up and my client does not intend to shut up. The judge has determined that he has enough evidence that a reasonable jury could find in his favor at trial. Officer Sinnott views the discrimination that he suffered at the hands of the Joliet Police Department as a matter of public concern, and trial provides that public forum."

Sinnott, who has worked at the Lynwood Police Department since October 2018, is the brother of Joliet Police Detective James Sinnott, who has been employed with Joliet police since 2013 and is a member of the Joliet Police Department's Black Police Officer Association.

When Roechner rejected Anthony Sinnott's job application, Joliet's police chief did not hire any Black officers during that particular round of hires, according to the federal judge.

Sinnott Ranked No. 5 Out Of 227 Joliet Police Applicants

"My client was the fifth-highest ranked applicant on the Police and Fire Board Eligibility List," Stacey Vucko told Joliet Patch. "Joliet rejected his application and instead hired nine other candidates —all of whom were Caucasian and most of whom scored lower than him.

"It is undisputed that Joliet’s Board of Fire and Police Commissioners goes with the police chief’s recommendations at least 90 percent to 99 percent of the time. We have witness testimony under oath that the slang derogatory term 's ***head' was used to refer to African Americans, and that Roechner has used it on several occasions."

Stacey Vucko and her husband, Joey, run Vucko Law LLP, which is now based in Downers Grove.

Lawyers for the city of Joliet and representing Roechner were asking the federal judge dismiss Sinnott's entire civil rights lawsuit.

Anthony Sinnott filed his federal lawsuit against Roechner and Joliet on Dec. 19, 2020.

A couple weeks later, Roechner was out of a job. Outgoing interim city manager Jim Hock agreed to spike Roechner's pension in exchange for his forced retirement after 29 1/2 years on the job.

Roechner joined Joliet's Police Department in July 1991. He served as police commander from 2010 to 2014, and then as deputy chief from October 2014 to December 2018. After that, Roechner became interim chief of police under Joliet City Manager David Hales and then permanent police chief under Interim City Manager Marty Shanahan, the federal lawsuit noted.

Roechner Advises Police And Fire Board Not To Hire Sinnott

Judge Rowland's 23-page summary judgment findings order from Jan. 24 contained the following information:

• Anthony Sinnott applied to work for Joliet as a police officer twice —in 2012 and in 2018. After the police and fire board rejected his 2012 application, he worked for the Cicero Police Department for about 18 months before being terminated. In May 2019, Joliet's police and fire board posted a final officer eligibility list, ranking Sinnott fifth out of 227 candidates.
• "First, Plaintiff adduces evidence that he scored better than the majority of applicants, including those the City ultimately hired," the judge wrote. "Indeed, at the same time it rejected Plaintiff’s application, the City hired nine individuals ... none of whom are Black and seven of whom ranked lower on the Board’s final eligibility list than Plaintiff."
• Sinnott's background investigation revealed he got fired from Cicero's Police Department and had been arrested for domestic battery, court records reflect.
• On Aug. 1, 2019, Roechner sent a letter to the police and fire board, stating: “I have reviewed the background investigation reports on Police Applicant Anthony Sinnott and do not recommend he be hired by the Joliet Police Department. Anthony has prior domestic battery arrest and was terminated from prior law enforcement agency."

Roechner Hires Candidate Who Videotaped Woman Without Her Consent

According to Judge Rowland, the Joliet Police Department employed 328 people in 2019; of those, 30 were Black.

"It is undisputed that the City has hired applicants with arrests for domestic battery in the past; these applicants are Caucasian ... although Defendant contends that Plaintiff’s background precluded him from qualifying for the role, a reasonable jury could find that Plaintiff was qualified in spite of his background," Judge Rowland declared.

In Sinnott's case, the federal judge found that Joliet hired other applicants in 2019 with imperfect backgrounds, including backgrounds with domestic incidents, one who admitted stealing food from previous employers without paying, one who took a video of a woman without permission, had viewed pornography at work, masturbated at work and had accidentally viewed bestiality.

In addition, the judge noted, another was arrested for a DUI but found not guilty. Another had a use of force complaint filed against him at his previous police department, which he said was unfounded.

"Viewing the record in Plaintiff’s favor, a jury could reasonably conclude that Plaintiff was qualified for the officer position in spite of his prior background," Judge Rowland concluded.

According to the summary judgment filings, the lawyers for Joliet and Roechner argued Sinnott cited insufficient evidence to prove Joliet filled its police officer positions by hiring someone outside the protected class or left the position open.

"Defendants argue that Roechner recommended—and the Board approved—an African American hire shortly after the Board rejected Plaintiff, but that ignores that at the time it rejected Plaintiff, the Board hired nine non-African American officers, most of whom the Board placed lower on their final eligibility list," Judge Rowland wrote. "A singular instance of hiring a Black (police officer) ... does not entitle (the city) to immunity from subsequent discrimination allegations.”

What's next?

Now that U.S. District Court Judge Rowland is allowing Sinnott's racial discrimination lawsuit to head to a jury trial, Feb. 28 is the next court hearing in Chicago.

"The judge has asked us to report on whether the parties are interested in a settlement conference," Stacey Vucko told Joliet Patch. "My client is not interested in delaying his day in court for any reason and we’ve communicated to Joliet’s legal counsel that Mr. Sinnott is not interested in participating in a settlement conference.

"We are looking forward to being in court again on February 28 and to getting a trial date," Vucko added.

Related Joliet Patch coverage:

Joliet Police Candidate Rejected Because He Is Black: Lawsuit

Socha's Revenge Porn Lawsuit: Roechner Got Rid Of His Phone

Nearly $150,000 Pension For Ex-Joliet Police Chief Al Roechner

Joliet Scolded By Federal Judge In Black Detective's Lawsuit

Sgt. Cardwell Must Pay $500, Redo Deposition In Dave Jackson's Suit