Sherwood v. The City of Aurora

              No. 2--08--0300 Filed: 2-25-09
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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JEFF SHERWOOD, ) Appeal from the Circuit Court
) of Kane County.
Plaintiff-Appellant, ))
v. ) No. 06--MR--474
)
THE CITY OF AURORA, ))
Defendant-Appellee ) Honorable
) Michael J. Colwell,
(Michael Leon, Plaintiff). ) Judge, Presiding.
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JUSTICE SCHOSTOK delivered the opinion of the court:
On October 30, 2006, the plaintiff, Jeff Sherwood, an Aurora police officer, filed a complaint
seeking a declaratory judgment that the investigation conducted by the defendant, the City of Aurora,
into his alleged misconduct violated the requirements of the Uniform Peace Officers' Disciplinary
Act (the Act) (50 ILCS 725/1 et seq. (West 2006)). The parties filed cross-motions for summary
judgment. On March 13, 2008, the trial court granted the defendant's motion and denied the
plaintiff's motion. The plaintiff appeals from that order. We affirm.
On July 20, 2006, Aurora Chief of Police William Powell received a phone call from the
Danville chief of police. The Danville police chief advised Chief Powell that in the early morning
hours on July 18, 2006, the plaintiff had been intoxicated, involved in a fight with other individuals
at a motel, and extremely uncooperative with the Danville police officers who were called to