Village Settles Civil Rights Lawsuit By Former Orland PD Sergeant For $175K
ORLAND PARK, IL — Orland Park trustees on Monday agreed to a settlement in one of two lawsuits brought by former Orland Park police officers against their higher-ups and the Village earlier this year, with one
In his lawsuit, retired Sgt. Ken Kovac sued Orland Park Police's then-Deputy Chief Brian West and Chief Eric Ross, as well as officers Douglas Klein, Kenneth Rosinski and William Fitz.
Kovac claimed those named violated his constitutional rights when they arrested him in connection with a Facebook page he created to air concerns about "abuses of power" within the department. A "fast-tracked" investigation into the page led to Kovac's arrest—though the charges were tossed earlier this year.
The settlement—unanimously approved on Monday—awards Kovac $175,000, according to the agreement. It also states that the department did not have sufficient evidence to link Kovac to a "glitter bomb" sent to West, and a prank call to the suicide prevention hotline on West's behalf.
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Kovac on Thursday thanked Mayor Jim Dodge and recently seated trustees Lawler, Lawrence and Leafblad for "their unwavering dedication and resolute commitment to resolving this matter.
"Regrettably, an issue that could have been resolved with a simple phone conversation between Deputy Chief West and myself escalated into an incident that ultimately resulted in the Village incurring hundreds of thousands of dollars in expenses and the squandering of law enforcement resources," Kovac said in a statement to Patch. "It is hoped that valuable lessons have been learned from this unfortunate occurrence.
"As outlined in the settlement agreement, the police department possesses no evidence to substantiate my involvement in the dispatch of a glitter bomb or the fabrication of a false 911 call. These actions are undoubtedly grave offenses. Consequently, I respectfully request that Chief Rossi conduct a thorough investigation into both incidents and appropriately prosecute the individual responsible."
Under the settlement, the Village and its insurance carrier agreed to pay $175,000 to Kovac in exchange for dismissal of the case. Each party will be responsible for their own legal fees and costs. The Village and all named police officers deny all allegations of wrongdoing, and the settlement was made as a cost-of-defense decision by the Village and the Village's insurance carrier, not as an admission of liability or fault.
"This settlement closes the book on this issue. We are actively working to resolve all open litigation held over from the prior administration as quickly as possible," Mayor Jim Dodge said. "This is one of many cases that Village of Orland Park was involved in and our focus is on strengthening trust, improving operations, and ensuring the Village of Orland Park continues to move forward responsibly and transparently for our residents."
All claims against the Village, its employees, and the individual officers are in the process of being dismissed with prejudice pursuant to settlement with the Village only, bringing the matter to a full and final resolution, the Village said in a statement.
What Led To The Lawsuit
The allegations were lodged in April 2024 against Kovac, who police said created fake Facebook profile "Brian East," purporting to be now-former Deputy Chief Brian West, then used the account to defame West. Specifically, Kovac used the page to "jokingly" portray West as a "simplistic and overly enthusiastic supporter" of former mayor Keith Pekau, the suit stated.
West "did not appreciate or enjoy the parody page, which he suspected Plaintiff of operating," the suit said. West then worked with the others named in the lawsuit to "shut down the parody page and to investigate, arrest, and criminally charge [Kovac] for exercising his right to make non-threatening posts online from an obvious parody page."
West, the suit alleged, requested a fast-tracked investigation into the page, an ask approved by Rossi. Applications for search warrants in the matter left out key factors and misrepresented others, the suit alleges. The applications stated that the Village was investigating possible violations involving cyberstalking, "despite having no evidence that the user of the parody page was engaging in cyberstalking conduct with respect to Defendant West." The applications also stated that someone was "creating fraudulent Facebook pages in [Defendant West's] name." Omitted was that the page was a parody, and used a different last name than West's.
Kovac turned himself in on April 7, 2024, and was subsequently charged with false personation and disorderly conduct. A Cook County Judge in
"The complaints were fatally defective as a matter of law, and the acts alleged do not constitute criminal conduct," said Attorney Dave Sterba, of Walsh, Fewkes, and Sterba. "These charges should never have been filed."
The Village, then still under former mayor Keith Pekau, disagreed with the judge's ruling.
"Despite compelling evidence in the case, the Cook County State's Attorney's Office was unable to secure a prosecution, failing in its responsibility to protect Deputy Chief West as a victim of these malicious acts," Interim Village Manager Jim Culotta wrote in an email at the time. "The Village of Orland Park is deeply disappointed by this outcome and stands unwavering in its support of former Deputy Chief West."
Another Lawsuit Ongoing
Meanwhile, a former sergeant ordered by an arbitrator to be reinstated into his role after his firing was determined unjust is still is not back on the job, and his lawsuit is ongoing.
Former Orland Park Sgt. William Sanchez claims that he was fired in February 2024 in retaliation after he filed a complaint of
In 2023, Sanchez named both West and Rossi in the complaint with the Equal Employment Opportunity Commission and Illinois Department of Human Rights.
Sanchez, a Mexican American who identifies as Hispanic, claimed that in not promoting him in rank as efficiently as his Caucasian colleagues, Rossi and West discriminated against him.
The Village told him the firing was due to misconduct, specifically filing the complaints against West and Rossi. Filing complaints, however, is an "indisputably protected activity," the new suit states.
After his firing, Sanchez filed a grievance with the Orland Park Supervisors Association, and the parties took the matter to arbitration. An arbitrator in January found that
Following the arbitration ruling, Sanchez subsequently pursued his lawsuit, which details other aspects leading up to his belief that he had been discriminated against. One references a white officer in black face and making "racially charged results." That officer had been promoted twice, the suit states. Also noted in the suit was the hiring of one officer, despite a background check that revealed that officer's comments about lynching a Black suspect.
In the department for 20 years, Sanchez was rated well in performance, with no history of disciplinary action or misconduct. That was also noted in the arbitration hearing, and factored into the arbitrator's decision.
Sanchez also claims in the suit that he had been promised a promotion that never came. Serving as supervisor of the traffic safety unit at the rank of sergeant, Sanchez says Rossi told him that he would next be promoted to lieutenant after another officer retired, the suit states. In arbitration proceedings, both West and Rossi said neither had made that promise.
The suit also circles back to the private investigation into Sanchez's original claims, the outcome of which led to his termination. Outsourced to Jimmy Lee, of Gold Shield Detective Agency, the investigation was "a sham, its outcome predetermined" by Village leadership, the suit alleges.
Lee is also named as a defendant in the suit.
"As an active police chief and member of multiple police chief associations at the time of the investigation, Defendant Lee was hardly neutral," the suit states.
"Months before the investigation concluded, Village Mayor Keith Pekau telegraphed the outcome the Village sought and expected to receive," the lawsuit alleges.
The suit also states that the Village accused Sanchez of filing false reports meant to "discredit the OPPD, harass D.C. West and force Chief Rossi to remove D. C. West." His complaints, the Village said, painted the department in a "false light."
Sanchez's suit seeks reinstatement, back pay and unspecified damages. He wants a jury trial.
