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ATTORNEY DANIEL Q. HERBERT:

Chicago Policeman, Prosecutor, Litigator

A Mile In Your Shoes

Led by a former Chicago police officer, we  understand the trials and added scrutiny Chicago's Police Department and other government workers face...Read More
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CASE RESULTS:

Our Results

POLICE RECRUIT DISQUALIFIED FOR FAILING POLYGRAPH AWARDED JOB

Chicago Police Applicant P.M. was disqualified after the City alleged that he was deceptive during the polygraph. At the hearing, the City’s polygraph results were significantly impeached. The Human Resources Board found that the City failed to prove its case because “there was no evidence of deception or other factors to disqualify based on this pre-employment disqualification standard.” Candidate placed on eligibility list and entitled to all rights had he not been unfairly disqualified. (2014) 14 HRB 006


COURT REVERSES POLICE BOARD DECISION TO FIRE DECORATED CPD OFFICER ACCUESED OF PERJURY
Officer S.P., a tactical officer, arrested a woman found to have drugs and guns in her vehicle. The arrest was the result of information obtained from a confidential informant, whom was later discovered to be the estranged husband of the woman arrested. Officer S.P. was unaware of the relationship between the woman and the C.I. at the time of the arrest. The case was eventually dismissed after it was determined that the estranged husband planted the contraband in his ex-wife’s car. Officer S.P. was charged criminally for perjury.
After a bench trial, Officer S.P. was found NOT GUILTY of all charges. The CPD then sought his termination and filed charges against him at the Police Board. The Board found Officer S.P. guilty and terminated him. Officer S.P. appealed the decision to the Circuit Court of Cook County pursuant to Administrative Review. The Court determined that Police Board’s decision “was against the manifest weight of the evidence,” and that the Board “erred” in finding Officer S.P. guilty of providing false testimony.  13 CH 19003 (2014)
COURT REVERSES POLICE BOARD TERMINATION OF CPD SGT, ORDERS OVER $150,000.00 IN DAMAGES
The Superintendent sought to fire veteran CPD Sgt. J.T. alleging that GPS evidence proved that the Sgt. was not on the scene when his team executed a search warrant. They further alleged that the Sgt. lied and submitted false reports when he attested to being present for the search. At the hearing and through the use of the Superintendent’s evidence, Sgt. J.T. was able to prove that he was present for the search and that the GPS evidence relied upon by the city was unreliable. The Police Board determined that Sgt. J.T. successfully proved his innocence and concluded that he was present for the search; however the Board found that since Sgt. J.T. was present for the search then he was guilty of failing to properly supervise his team members who the Board found committed an illegal search.

Sgt. J.T. appealed the decision and argued that his Due Process rights were violated since none of the charges before the Board pertained to his conduct ON the scene. The Court agreed with Sgt. J.T. and reversed the Board’s decision calling the decision “indefensible” for finding him guilty of uncharged conduct since all charges stemmed from the premise that Sgt. J.T. was NOT on the scene of the search. The City was ordered to pay Sgt. J.T. in excess of $50,000 in damages. 13-CH-10156 (2014)
HR BOARD REINSTATES MARINE TO CPD
The Human Resources Board reinstated a Marine Corp veteran to the Chicago Police Department after he was disqualified by the department’s human resources decision. In the case, J.H. received a less than honorable discharge after he left his post without receiving proper authorization. At trial, J.H. convinced the Board that his decision to leave his post was mitigated by the fact that he left to take care of his ailing mother who had suffered a serious injury. In addition, J.H. was found not guilty of the charge alleging he falsified his CPD application. 13 HRB 058 (2014)
VICTORY FOR CHICAGO POLICE RECRUIT
Candidate E.T. was disqualified from the application process due to her admission to using a controlled substance. The case went to trial and we successfully reversed the CPD’s decision because of a lack of evidence. 13 HRB 043 (2014)

HUMAN RESOURCES BOARD REVERSES DECISION TO DISQUALIFY APPLICANT
The Human Resources Board of Chicago reversed the decision of the Chicago Police Department’s Human Resources Division to disqualify applicant C.H. At the conclusion of the trial, the Board concluded that C.H. was improperly disqualified by CPD Human Resources because the facts relied upon by CPD for disqualifying C.H. were not in violation of the City of Chicago’s background standards. 13 HRB 059 (2014)
DISQUALIFIED CPD CANDIDATE WINS CASE AND AWARDED IMMEDIATE RE-INSTATEMENT

All charges were dismissed at the Human Resources Board after candidate successfully proved that the charging document was flawed.

13 HRB 056 (2013)


HUMAN RESOURCES BOARD OF CHICAGO REVERSED THE CITY’S DECISION TO DISQUALIFY CPD CANDIDATE FROM HIRING PROCESS
CPD Candidate was disqualified from hiring process based upon her admission to using cocaine. A hearing was held and the Human Resources Board ruled that the city failed to prove that the substance alleged to have been used was in fact cocaine. The Board REVERSED the City’s decision to disqualify the candidate and reinstated her to the eligibility list.  13 HRB 028 (2013)

RIVERSIDE FIRE CHIEF AWARDED $350,000 FOR UNLAWFUL TERMINATION
A complaint was filed in Federal Court, and the case was presented via mediation in which the deputy fire chief made numerous false complaints alleging that the Riverside Fire Chief was intoxicated while on duty.  Though the complaints were proven false the Village Board fired the chief anyways perceiving the chief as disabled due to alcohol dependence. We achieved a settlement of $350,000 for the former Fire Chief of the Village of Riverside, after he was unlawfully terminated from his position prevailing on the theory that the Village violated the Americans with Disability Act (ADA). 11 cv 8200 (2013)

COURT GRANTED MOTION TO SUPPRESS FIVE (5) KG OF COCAINE AFTER ILLEGAL SEARCH
The Defendant was facing a minimum of 15 years in the Illinois Department of Corrections when we won his Motion to Suppress hearing after the Court determined that the search was unlawful for a number of reasons.  Most notably, we were able to show the court that the officers’ testimony in which they claimed to have “smelled” cocaine was proven false by our defense expert. (2013)

VERDICT IN FAVOR OF CHICAGO POLICE OFFICER FOR NEARLY $500,000
A Cook County jury entered judgment in our favor in case for a Chicago Police Officer in the amount $500,000.  Officer S.M. injured his knee as he was placing Dr. Amish Patel under arrest outside Spy Nightclub. The officer fractured his patella and missed a total of 6 months work. His medical bills totaled $52,000. 10 L 7253 (2013)

VETERAN’S CPD CANDIDACY REINSTATED
A Chicago Police Candidate was disqualified from the hiring process after the City alleged that he used narcotics and falsified his application. He was a highly decorated veteran officer of the United States Navy and we went to trial to challenge the city’s decision to disqualify him. Upon our testimony The Human Resources Board reversed the City’s decision and ordered that the candidate be eligible for hire as a Chicago Police Officer. 13 HRB 004 (2013)

CHICAGO POLICE OFFICER WINS A HEARING AND REVERSES THE REVOCATION OF HIS FOID CARD
A Chicago Police Officer had his FOID card revoked after being admitted to a mental health facility. The officer stopped receiving a paycheck as a result of the revocation. We brought the case for a hearing before Illinois State Police and presented evidence in support of the officer demonstrating that the law did not support the revocation. The Administrative Law Judge ruled in our favor and ordered that the revocation be rescinded. The officer was put back to work full duty. (2013)

COURT DISMISSES POLICE BOARD RULING AND ORDERS TWO CHICAGO POLICE OFFICERS BACK TO WORK WITH FULL BACK PAY
The Circuit Court of Cook County reversed the Police Board decision to terminate two Chicago Police Officers because the City and the Independent Police Review Authority (IPRA) violated the officers’ due process rights by failing to bring charges in a timely manner.
In a landmark ruling, we convinced the Court that a 51-month delay between the incident complained about and the filing of charges violated those officers’ procedural due process rights, was in violation of the doctrine of laches, contrary to General Order 93-03, and in violation of Municipal Ordinance and therefore entitled the officers to dismissal of the charges. This ruling was ground-breaking for men and women of the Chicago Police Department and officers throughout the State of Illinois. For years IPRA and the police department have forced officers to sit in call back while stripped of their police powers. In some instances, officers have been stripped for years before being given the opportunity to defend themselves at a hearing. We fought for the protection of police officers’ fundamental right to a fair and impartial hearing. We're extremely gratified that victory was achieved for all officers with this ruling. 11 CH 08424 (2012)

THREE CHICAGO POLICE OFFICERS FOUND NOT GUILTY OF ALL CHARGES AND GIVEN AN AWARD FOR FULL BACK-PAY
Four high school students accused three Chicago Police Officers, assigned to Phillips High School, of beating them with a fraternity paddle in addition to punching and kicking the students. At the Police Board hearing, all four of the complaining witnesses testified, as did numerous family members on behalf of the complainants. We were able to impeach the city’s witnesses through aggressive examination. As a result, the city’s case was devastated. In addition, we filed a motion on behalf of the officers stating that IPRA failed to charge the officers in a timely manner which prevented them from a fair hearing. In its ruling, the Board cited IPRA’s “failure to timely file charges in this case, and the resulting long passage of time between May 2008 and the evidentiary hearing in this case, undermined the credibility of the Complainants and other witnesses called by the Superintendent during the hearing.” All three officers were found NOT GUILTY and returned to work with full back-pay granted. 11 PB 2778, 11 PB 2779, 11 PB 2780 (2012)
http://truenewsusa.blogspot.com/2012/10/chicago-police-board-beats-up-chicago.html

TWO CHICAGO POLICE OFFICERS FOUND NOT GUILTY OF ALL CHARGES AND GIVEN AN AWARD FOR FULL BACK-PAY
H.H. and P.R. were charged with issuing numerous false parking tickets targeting a specific individual. Our investigation revealed that although the tickets were issued from books issued to H.H. and P.R., the tickets were not written by these officers. In addition, we were able to demonstrate a fundamental flaw in the investigation conducted by the Internal Affairs Division. H.H and P.R. were found NOT GUILTY on all charges and were returned to work with full back-pay. Additionally, the diligence on the part of our law firm led the city to drop charges against other officers named in the case. 11 PB 2767; 2769 (2012)
Read full article in the Chicago Tribune

THE VILLAGE OF WESTCHESTER POLICE AND FIRE BOARD DISCOUNT THE TESTIMONY OF THE CHIEF OF POLICE AND FIND OFFICER NOT GUILTY OF ALL CHARGES AND AWARDED FULL BACK PAY
Officer J.K. was charged with excessive force and committing false arrest during a routine traffic stop and subsequent arrest of the complainant. The officer and the driver began a verbal exchange which was followed by a physical struggle as the officer attempted to place the driver under arrest. The entire incident was captured on video. The officer’s supervisors siding with the driver and released him without charges and began an investigation of the officer. The Chief of Police for the Village of Westchester then brought charges against the officer and sought his termination. At the hearing, the chief and supervisors appointed by the chief argued that the officer’s actions were excessive, unwarranted and against department policy.  We were able to establish flaws in the testimony of the chief and her supervisors and to present evidence that contradicted the allegations and proved them false.  The Village of Westchester Board had no choice but to reject the testimony of its police chief and her staff. The Board concluded that the officer was NOT GUILTY of all charges and the officer was reinstated to his position and awarded full back-pay. (2012)

BOARD FINDS THAT THE DECISION TO TERMINATE COOK COUNTY SHERIFF WAS NOT WARRANTED AND ORDERED HER BACK TO WORK
Cook County Sheriff sought the discharge of Sheriff M.O. after a search of her residence by Illinois Parole Agents found Sheriff M.O. living with a convicted felon and reputed gang member who was also the father of her child.  The Agents searched the residence as part of a parole investigation of M.O.’s boyfriend discovering Sheriff M.O’s duty weapon loaded and unsecured in the apartment she shared with her boyfriend.  A hearing was then held before the Sheriff’s Merit Board in which the Sheriff sought her termination.  We were able to mitigate the more serious charges against M.O. and the Board found that termination was NOT WARRANTED.  M.O. was placed back to work immediately following the hearing. 11 PB 2765 (2012)

BOARD FINDS THAT THE DECISION TO TERMINATE CHICAGO POLICE OFFICER WAS NOT WARRANTED AND ORDERED HER BACK TO WORK
After receiving information from a confidential informant indicating that marijuana was being sold out of the home owned by a police officer, Chicago Police conducted a search warrant on Chicago Police Officer S.M.’s home.  The search resulted in the recovery of cannabis and two unregistered guns.  Two of the home occupants were arrested while Officer S.M., who was also present, was not placed under arrest. One of the arrestees was a convicted felon, known gang-member and the brother of Officer S.M.  In addition, the search team found S.M.’s firearm in an unlocked kitchen cabinet.  We were able to convince the Board that Officer S.M. did not have any knowledge of the contraband in her home. The Board found Officer S.M. NOT GUILTY of all charges other than the minor offense of properly securing her firearm.  Officer S.M. was reinstated to her position. 11 PB 2765 (2012)

TWO CHICAGO POLICE OFFICERS FOUND NOT GUILTY OF ALL CHARGES AND GIVEN AN AWARD OF FULL BACK-PAY
Two off-duty officers were accused of physically and verbally abusing a tow truck driver who had towed one of the officers’ vehicles and also accused of giving false reports. We investigated the case, interviewed the necessary witnesses, and prepared an aggressive defense.  The complaining witnesses were consistently impeached on cross-examination which proved to be the difference in this case. The Board determined that the complaining witnesses could not be believed due to their inconsistencies at the trial. In the end our planning, experience and performance resulted in the Board finding the officers not guilty on all charges and returned them to work with full back pay. 10-PB-2723 (2011)

CHICAGO POLICE OFFICER FOUND NOT GUILTY OF ALL CHARGES AND AWARDED FULL BACK-PAY
Chicago Police Officer A.N. was accused of intentionally tearing a narcotics envelope bag after it was discovered that there was a discrepancy between the number of items listed on the inventory sheet and the number of items contained within the inventory bag. He was also charged with giving false statements to superior officers.  We applied an aggressive defense and impeached the superintendent’s witnesses, proving that the purported eyewitness testimony was not credible.  The Police Board of Chicago found the officer NOT GUILTY on all charges and he was reinstated and awarded full back-pay. 10 PB 2735 (2011)

BOARD FINDS DECISION TO TERMINATE CHICAGO POLICE OFFICER WAS NOT WARRANTED AND ORDERED HIM BACK TO WORK
Chicago Police Officer A.D. was accused of providing non-department members with police equipment and police uniforms and also accused of providing false reports.  Upon conclusion of the hearing we were able to convince the Board that Officer A.D. was not guilty of the more serious charges and the Board ruled that termination was NOT WARRANTED.  The Officer was returned to work immediately following the hearing. 10 PB 2732 (2011)

CIRCUIT COURT FINDS OFFICER NOT GUILTY OF ALL CHARGES IN FELONY PERJURY CASE
S.P. developed information via a confidential informant that a woman was in possession of a large amount of guns and drugs.  Officer S.P. and his team of officers set up surveillance and stopped a vehicle matching the woman's description and subsequently placed her under arrest after they found guns and narcotics in her car.  As the case developed through the prosecution stage, it was discovered that the estranged husband of the woman was responsible for setting up his wife by planting the guns and drugs in the vehicle.  Officer S.P. was charged by the Cook County State’s Attorney Office for suspected involvement in the set-up and alleged to have committed perjury as part of the conspiracy.  A trial was held and we were able to convince the court that the statements purported to be perjurious failed to meet the legal definition of perjury.  Accordingly, Officer S.P. was found not guilty and put back to work following the trial. 08 CR19286 (2010)


BOARD FINDS DECISION TO TERMINATE CHICAGO POLICE OFFICER WAS NOT WARRANTED AND ORDERED HIM BACK TO WORK
Chicago Police Officer R.B. was involved in a minor traffic accident involving his personal vehicle while off-duty which led to him being charged with a DUI when he failed field sobriety tests and the arresting officer recovered whiskey in Officer R.B.’s vehicle.  We conducted an investigation and presented R.B.’s case before the Police Board, who ruled that termination was NOT WARRANTED.  Officer R.B. was reinstated to his position. 09 PB2721 (2010)

COURT DISMISSES POLICE BOARD RULING AND ORDERS CHICAGO POLICE OFFICER BACK TO WORK WITH FULL BACK PAY
The Circuit Court of Cook County dismissed the decision of the Police Board and ordered Chicago Police Officer A.P. be put back to work immediately with full back pay.  Officer A.P. was terminated when the Police Board found him guilty of retail theft after he had been captured on video surveillance camera taking an item for sale off the shelf at Walgreens and exiting the store without paying for it.  We took the case to the Circuit Court, and argued that the evidence did not support the guilty finding because Officer A.P. had acted without the intent to steal. The Circuit Court agreed with our attorney and ordered the officer back to work with full back-pay. 08 CH 44164 (2010)

CHICAGO POLICE OFFICER FOUND NOT GUILTY OF ALL CHARGES AND AWARDED FULL BACK-PAY
A woman accused Chicago Police Officer K.M. of sexual assaulting her during a narcotics investigation.  When the woman appeared to testify at the hearing we were able to identify multiple inconsistencies in her story and denunciated her credibility.  As a result, the Police Board of Chicago found the Officer K.M. NOT GUILTY on all charges and he was reinstated with full back-pay. 08 PB 2678 (2010)

CHICAGO FIREFIGHTER WINS VERDICT AGAINST A FORTUNE 500 COMPANY
After a week-long trial, a Cook County court ruled in favor of our client, Chicago Firefighter M.S.  The Court was so appalled by the conduct of the defendants that it awarded us $200,000 in punitive damages on top of a separate award for compensatory damages.  The Chief Operating Officer for Morning Pride Total Fire Manufacturing published defamatory e-mails about M.S. to various supervisors within the Chicago Fire Department and other Chicago agencies.  The C.O.O was upset that her company was not awarded the Bunker Gear Contract to outfit all Chicago Firefighters with equipment.  In a last-ditch effort to obtain the multi-million dollar contract she alleged that M.S., who was part of a panel comprising the selection committee, accepted a bribe from the winning company.  In true David vs. Goliath fashion, we took the fight to court opposing a defendant who was represented by a team of lawyers from a very prominent law firm.  The turning point in the trial came when we called the company’s C.O.O. to the witness stand and laced her with a blistering examination that made the case all-but-over.  A verdict was returned in favor of our client M.S. and against Morning Pride Total Fire.  Shortly after the case, the C.O.O. resigned her position with the company. (2010)
http://www.daytondailynews.comews/business/dayton-area-firefighter-gear-company-chief-execs-sM34D/

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