* * * * * * No arm's length sale or auction was held, the warrant was not in fact executed, and the restaurant continued in operation under its original name during the entire period. Folak and Schmidt advised Patras to change the name of the corporation and give them a $10,000 check payable to Gebel Liquidators and $5,000 in cash. Schmidt suggested that they make their own deal, and defendant Folak then came to the premises. Defendant Schmidt went to the premises on July 30, 1980, and the owner Louis Patras told Schmidt that he intended to make a partial payment of $25,000 to the Department of Revenue that day. for $106,772.72, assigned to defendant Folak. at 30-31): Counts Thirty Nine and Forty involve a seizure warrant of the Department of Revenue against the William Tell II, Inc. For example, describing the stipulated facts regarding two of the counts on which Folak was found guilty, Judge McMillen wrote (slip op. That stipulation undeniably constitutes good cause for dismissal. ![]() Judge McMillen's Novemdecision credited Folak's defense on 11 counts but convicted him on the remaining 28.īecause Folak was not convicted until after he had been fired, Elrod's argument for the propriety of the firing is based not on the conviction but on the stipulation. Folak's defense was that the facts as stipulated did not constitute federal offenses. Judge McMillen later tried Folak and his co-defendants via a "stipulated bench trial" (based solely on the facts agreed upon in the stipulation, without presentation of other evidence). Elrod dismissed him from his job the following month. On Februhe stipulated to the facts underlying the indictment. Elrod's position, that the Order's language establishes as a matter of law its inapplicability to Folak's termination, is considered below in the discussion of controlling legal principles.įolak was indicted Jon numerous counts of mail fraud and extortion. Elrod's failure to afford Folak procedural safeguards before termination was allegedly in contravention of Elrod's commitment, voluntarily undertaken in General Order 7000 of the Court Services Department (the "Order"), to provide Folak notice and a hearing on the reasons for termination. Though Elrod ultimately prevails on his motion to dismiss, his sanctions motion is denied.įolak was a Cook County Deputy Sheriff from 1971 to March 1983, when he was fired without written notice or a statement *1340 of reasons for his termination. Steinback ("Steinback") for bringing this action vexatiously, unreasonably and in bad faith.ĭespite Elrod's indignation at being haled into court by a former employee who has admitted official malfeasance, he has not established the bad faith of either Folak or Steinback. § 1927 ("Section 1927") or a combination of them, for imposition of attorneys' fees and other sanctions on Folak and his attorney Jeffrey B. the other under (a) Rule 11 or (b) the bad faith exception to the American Rule or (c) 28 U.S.C. ("Rule") 12(b) (6) for the Complaint's dismissal for failure to state a claim upon which relief can be granted and 2. ![]() In light of Folak's stipulation Elrod offers two motions: 1. § 1951) perpetrated in the course of his employment. 1, 1983), in which Folak admitted to facts underlying numerous counts of alleged mail fraud (18 U.S.C. Elrod has filed a non-classic response: a 50-page factual stipulation by Folak, publicly filed in the criminal case United States v. Elrod (collectively "Elrod")), in firing him as a Deputy Sheriff, deprived him of a property interest in public employment without a hearing. § 1983 ("Section 1983"): Folak alleged his employers (Sheriff's Office of Cook County and Sheriff Richard J. ![]() Daley, Cook County State's Atty., Chicago, Ill., for defendants.Ĭhester Folak ("Folak") filed a Complaint and then a First Amended Complaint (for convenience the latter will be termed the "Complaint") asserting one of the classic causes of action under 42 U.S.C. SHERIFF'S OFFICE OF COOK COUNTY, et al., Defendants.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |