The City of East St. Louis seeks to dismiss a former police officer’s lawsuit alleging the city is withholding compensation for accumulated sick days.
Curtis Hill filed his March 26 complaint against the City of East St. Louis, Mayor Alvin Parks Jr. and City Manager Deletra Hudson, both in their professional capacities and individually.
According to the complaint, Hill claims he was employed by the City of East St. Louis in the municipal police department until his retirement on Jan. 30, 2013. He claims he accumulated 260 unused sick days, but has not been compensated for his sick days in a timely manner as required by state law.
Hill alleges infringement of the Illinois Wage Payment and Collection Act. He alleges Parks and Hudson knowingly permitted his final compensation to be withheld from him, the suit states.
The City of East St. Louis filed a motion to dismiss on May 5, arguing that the statute of limitations makes dismissal appropriate.
The defendant claims the plaintiff failed to file his complaint within the one year limitations set forth in the Local Governmental and Governmental Employees Tort Immunity Act. Hill had until February 2014 to file his complaint, but failed to do so until March 2015.
The City of East St. Louis also argues that Hudson and Parks should be dismissed as defendants.
“These defendants in their individual capacity are not ‘employers’ as defined by the Act. Additionally, plaintiff alleges no facts that Alvin Parks or Deletra Hudson acted outside of their official capacity,” the motion states.
Hill seeks a judgment for the amount he claims he is owed for his sick days, interest, attorneys’ fees and costs.
Hill is represented by George Ripplinger of Ripplinger & Zimmer in Belleville.
The City of East St. Louis is represented by Tameeka L. Purchase and Michael L. Wagner of Clayborne, Sabo and Wagner in Belleville.
St. Clair County Circuit Court case number 15-L-178