GBUR v. CITY OF HARVEY, ILLINOIS
835 F.Supp.2d 600 (2011)
Alex GBUR, Plaintiff,
CITY OF HARVEY, ILLINOIS, an Illinois municipal corporation, Eric Kellogg, individually and in his official capacity as mayor, Andrew Joshua, individually and in his official capacity as chief of police, Defendants.
No. 07 C 1923.
United States District Court, N.D. Illinois, Eastern Division.
December 19, 2011.
Opinion Granting in Part and Denying in Part Reconsidertaion March 9, 2012.
MEMORANDUM OPINION AND ORDER
JEFFREY COLE, United States Magistrate Judge.
Alex Gbur, a white male, was a policeman for the south suburban City of Harvey, beginning in 2001. In April 2003, Harvey elected an African-American mayor — the previous mayor had been white — and Mr. Gbur feels it was no coincidence that his career took a turn for the worse around that time. He was disciplined on a number of occasions, and his employment
was finally terminated on March 21, 2007. He filed this lawsuit against the City of Harvey, Mayor Eric Kellogg, and the police chief, Andrew Joshua, who is also African-American and was appointed to his position by the mayor shortly after the election.
Under Count I of his second amended complaint, Mr. Gbur charges the defendants with "race discrimination in violation of Title VII." Mr. Gbur alleges that he was suspended without pay and subsequently discharged because he is white, while similarly situated African-American officers were treated more favorably when they committed similar or more severe misconduct. (Second Amended Complaint, ¶¶ 13-21). Mr. Gbur also claims the defendants: terminated white officers from their employment; rehired African-American police officers who had been discharged or resigned in lieu of discharge for disciplinary reasons; demoted white officers and promoted less qualified African-American officers in their place; disciplined white officers more harshly than African-American officers; and permitted a hostile work environment that subjected white officers to racial epithets and unsafe work assignments. (Second Amended Complaint, ¶ 21).1
Mr. Gbur charges that defendants with "First Amendment violations pursuant to 42 U.S.C. § 1983." He says that when he filed a charge of discrimination with the Equal Employment Opportunity Commission in March 2006, he was treated differently and suffered adverse job actions. (Second Amended Complaint, ¶¶ 28-29).
He also claims that when he testified regarding his experiences during a Department of Justice investigation into charges of discrimination in Harvey's police department, he suffered retaliation in the form of threats of termination, denial of vacation days, provision of unsafe equipment, and unsafe work assignments. (Second Amended Complaint, ¶¶ 30-33).
Mr. Gbur adds that, after he supported a rival candidate for mayor against defendant Eric Kellogg, the incumbent, he suffered retaliation, including: threats of termination, denial of vacation days, provision of unsafe equipment, and unsafe work assignments, termination, and not being invited to union meetings with the mayor. (Second Amended Complaint, ¶¶ 34-35). He also claims to have been shot at in an attempted homicide by a relative of Mayor Kellogg, who was later apprehended by the Illinois State Police. (Second Amended Complaint, ¶¶ 36-38). Mr. Gbur states that the mayor and the chief of police are policymakers for the City of Harvey, and that it is a custom and practice of the city to retaliate against those who publicly express opposition to the city regarding matters of public concern.