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United States Seventh Circuit


Kodish v. Oakbrook Terrace Fire Prot. Dist., 08-1976

In a former firefighter's suit alleging violation of his due process rights, violation of his First Amendment rights by terminating him for engaging in pro-union speech, as well as wrongfully termination and defamation under Illinois state law, summary judgment for defendants is reversed where: 1) the Act grants a firefighter an entitlement to continued employment in the absence of cause for discharge after the firefighter has held the position for one year; and 2) plaintiff has presented sufficient evidence that, but for his protected pro-union speech, the members of the Board of Trustees of the District, influenced by the Chief, would not have voted to terminate his employment.

Appellate Information

  • Argued 11/05/2008
  • Decided 05/10/2010
  • Published 05/10/2010

Judges

  • ROVNER, Circuit Judge., Before EASTERBROOK, Chief Judge, and RIPPLE and ROVNER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Gregory J. Abbott, Downers Grove, IL, for KODISH, Plaintiff-Appellant.

  • For Appellees:
  • Stephen H. Dinolfo, Ottosen, Britz, Kelly, Cooper & Gilbert, Naperville, IL, for Defendants-Appellees.
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