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DUNCAN v. CITY OF HIGHLAND BD. OF POLICE

No. 5-01-0911.

788 N.E.2d 1144 (2003)

338 Ill. App.3d 731

273 Ill.Dec. 268

Matthew DUNCAN, Plaintiff-Appellee, v. The CITY OF HIGHLAND BOARD OF POLICE AND FIRE COMMISSIONERS and Police Chief Michael D. King, Defendants-Appellants.

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted April 9, 2003.

Opinion Filed April 9, 2003.

Attorney(s) appearing for the Case

George E. Marron III, Johannes & Marron, P.C., Highland, for The City of Highland Board of Police and Fire Commissioners.

Thomas Scott Stewart, Beth A. Bauer, Burroughs, Hepler, Broom, MacDonald, Hebrank & True, Edwardsville, for Police Chief Michael D. King.

Mark C. Scoggins, Clay B. St. Clair, Crowder & Scoggins, Ltd., Columbia, for Appellee.

Justice MAAG delivered the opinion of the court:

Following an administrative hearing, the City of Highland Board of Police and Fire Commissioners (the Board) discharged Matthew Duncan from his position as a Highland police officer for violating department rules. Duncan sought judicial review of the Board's decision. On review, the Madison County circuit court reversed the Board's decision and ordered it to reinstate Duncan and to impose the maximum penalty short of...

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