Ex-Cop Sues Naperville, Arres, Police Board Alleging Unlawful Firing

NAPERVILLE, IL — A former Naperville police officer filed a lawsuit in federal court claiming he was unlawfully terminated. Clayton Plumtree filed the complaint against the City of Naperville, Naperville Police Chief Jason Arres and Naperville's Board of Police and Fire Commissioners on Nov. 28.

The complaint alleges, in part, that Plumtree, a 14-year law enforcement veteran who had been hired in 2021 as a probationary police officer from the Oak Brook Terrace Police Department, "was fired twice based on purported misconduct arising out of this unlawful ticket quota system."

It goes on to assert that "The use of quota-based policing strategies, which require police officers to make a certain number of stops per day, regardless of the amount of criminal activity occurring that day, has been recognized to cause illegal seizures and racial profiling."

According to the complaint, the Naperville Police Department implemented traffic stop expectations in 2019. Per a memo dated Dec. 20, 2021 and included in the complaint, the police department's patrol division has "implemented an expectation that each officer makes an average of at least two traffic stops per working day."

The memo continues to say that officers who do not meet the expected quota will be "held accountable."

Per the complaint, Plumtree was praised during an April 2022 meeting, with his supervisor saying, "Plumtree makes a lot of traffic stops. If you need some numbers, just take some of his."

Plumtree and another officer who was failing to meet the expected quota interpreted the supervisor's statement to indicate that "if [the other officer] needed more traffic stops to meet his quota, he could attach himself to some of Plumtree’s traffic stops," the complaint states.

The officer in question then began to alter Plumtree's traffic stops to list himself as the primary officer, the complaint alleges.

It further claims that "Plumtree never benefited from allowing [the other officer] to be listed on his stops, other than by being a 'team player' in helping another officer meet the Department’s illegal quota goals."

The other officer involved in Plumtree's altered traffic stops was not fired, per the complaint, but was suspended before ultimately resigning.

Plumtree was first fired on Oct. 14, 2022, with Chief Arres alleging misconduct on grounds which alleged he violated orders by making false statements and entering "inaccurate, false, or improper information."

Per the complaint, Arres subsequently emailed police officers about Plumtree's termination and mentioned issues involving the latter's "integrity" in meetings.

On Oct. 19, 2022, Arres rescinded Plumtree's termination and extended his probationary period by 30 days, per the complaint. He then appealed to the Board of Police and Fire Commissioners to uphold the termination on Oct. 21, the complaint alleges.

Plumtree submitted a memo about the traffic stop quota system to the board on Oct. 21 and a special meeting was conducted by the board on Oct. 24.

The complaint claims that "[t]he Board’s disciplinary system failed to provide Plumtree with a full, fair, and impartial hearing in the following ways:

• Not providing Plumtree with any hearing whatsoever
• Allowing Arres and investigator Williams to be present for the Board’s closed session deliberations;
• Unanimously voting—in closed session— to terminate Plumtree’s employment;
• Never serving Plumtree with a written copy of his termination decision, and instead allowing Arres to verbally inform Plumtree that he was terminated "

The lawsuit asks for the board to rescind Plumtree's termination and reinstate him to the Naperville Police Department. It also seeks back pay from the date of Plumtree's termination, along with back benefits, including interest, and damages for "the humiliation, anguish, and emotional distress caused by Defendants City’s and Board’s conduct," the complaint states.

Naperville City Attorney Mike DiSanto said in a statement,

"The Naperville Police Department is an accredited law enforcement agency that maintains the highest standards of integrity for our police department and our police officers.

The police department's expectations concerning traffic stops are based on making citizen contact, not issuing citations and are in the best interest of the community to reduce crashes and crime.

While on probation, Officer Plumtree was terminated for misconduct, not for failure to make traffic stops. The decision was reached by unanimous vote of the Board of Fire and Police Commissioners consistent with the recommendation of the Chief of Police. The City is aware of the claims made in the lawsuit against Chief Arres, the Board of Fire and Police Commissioners and the City and believe they are without merit. The City is prepared to vigorously defend this lawsuit."