Lynch v. City of Waukegan

6 Citing cases

  1. Gorski v. Bd. of Fire & Police Comm'rs of the City of Woodstock

    963 N.E.2d 419 (Ill. App. Ct. 2012)   Cited 2 times

    ¶ 42 Next, Gorski argues that the Board's ultimate decision to terminate him while his application for a line-of duty disability pension was pending was improper. Gorski cites Walsh v. Board of Fire & Police Commissioners, 96 Ill.2d 101, 70 Ill.Dec. 241, 449 N.E.2d 115 (1983), and Lynch v. City of Waukegan, 363 Ill.App.3d 1078, 301 Ill.Dec. 46, 845 N.E.2d 911 (2006), to support his argument. Both Walsh and Lynch are distinguishable from this case.

  2. Gorski v. Bd. of Fire and Police Commisioners

    2011 Ill. App. 2d 100808 (Ill. App. Ct. 2011)

    ¶ 42 Next, Gorski argues that the Board's ultimate decision to terminate him while his application for a line-of duty disability pension was pending was improper. Gorski cites Walsh v. Board of Fire & Police Commissioners, 96 Ill. 2d 101 (1983), and Lynch v. City of Waukegan, 363 Ill. App. 3d 1078 (2006), to support his argument. Both Walsh and Lynch are distinguishable from this case.

  3. Hermesdorf v. Wu

    372 Ill. App. 3d 842 (Ill. App. Ct. 2007)   Cited 24 times
    Holding court may take judicial notice of written decision in another tribunal

    See Rodriguez v. Sheriff's Merit Comm'n, 218 Ill. 2d 342, 349-50 (2006) ("The Administrative Review Law was an innovation and a departure from the common law, and the procedures established therein must be followed"); Deen v. Lustig, 337 Ill. App. 3d 294, 304-05 (2003) (denying police officer's motion to supplement the record on appeal with a medical report that was not introduced at the administrative hearing). Plaintiff relies on this court's recent decision in Lynch v. City ofWaukegan, 363 Ill. App. 3d 1078 (2006), to argue that it is appropriate for this court to take judicial notice of the evidence introduced at the Pension Board's hearing. In Lynch, a firefighter was discharged for cause after he had been granted a medical leave of absence to seek treatment for psychiatric conditions that were the basis for misconduct both on duty and off duty. Lynch, 363 Ill. App. 3d at 1085.

  4. People v. Gliniewicz

    2019 Ill. App. 2d 190401 (Ill. App. Ct. 2019)   Cited 1 times
    In People v. Gliniewicz, 2019 IL App (2d) 190401-U (Gliniewicz II), the Village of Fox Lake intervened and appealed an injunction that the trial court issued pursuant to defendant's motion for discovery sanctions and we reversed the trial court's order.

    We take judicial notice of the arguments before the Board as well as the Board's decision to grant as well as lift the stays. Lynch v. City of Waukegan, 363 Ill. App. 3d 1078, 1085 (2006) (a court may take judicial notice of a prior administrative decision). ¶ 42 B. Standing

  5. Hermesdorf v. City of Naperville

    2013 Ill. App. 2d 120431 (Ill. App. Ct. 2013)

    The City argues that this case is distinguishable from Walsh because there the decision to discharge could have jeopardized the officer's pension rights, whereas here plaintiff's pension was not in jeopardy. See Walsh, 96 Ill. 2d at 108 (remanding cause "because the psychiatric evidence presented was so vague and because the board's decision to discharge Sergeant Walsh for cause may jeopardize his pension rights"); Lynch v. City of Waukegan, 363 Ill. App. 3d 1078, 1088 (2006) ("Walsh instructs us to be solicitous of the rights of a pensioner in instances like this"). The City maintains that the Board also considered the undisputed evidence by three experts that plaintiff's medication rendered him unable to perform the job of a firefighter, and the City further references Dr. Rossiter's testimony that plaintiff reported fearing that he would overreact to patients and doubted his physical ability to work on a long ladder. ¶ 87 We conclude that plaintiff's argument is without merit.

  6. Hammond v. Firefighters Pension Fund

    369 Ill. App. 3d 294 (Ill. App. Ct. 2006)   Cited 5 times

    Accordingly, plaintiff's jurisdictional argument is without merit. In his reply brief, plaintiff argues for the first time that he needed to join Chief Wu in the administrative review action in order to invoke the holding of Lynch v. City of Waukegan, 363 Ill. App. 3d 1078, 1087 (2006), that a firefighter could not be discharged for cause based on misconduct that was "substantially related" to psychiatric problems that formed the basis for awarding the firefighter a disability pension. However, the result in Lynch did not depend in any way on an identity of the parties in the discharge proceedings and the pension proceedings.