St. Clair County Associate Judge Randall Kelley ordered The City of East St. Louis to file a supplemental brief to determine if the Tort Immunity Act applies to 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. He alleges he has not been compensated for his sick days in a timely manner, in accordance with state law.
Hill alleges infringement of the Illinois Wage Payment and Collection Act. He claims 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, alleging immunity from the Local Governmental and Governmental Employees Tort Immunity Act.
On Aug. 4, Kelley ordered the defendants to file a supplemental brief to determine if the Tort Immunity Act pertains specifically to contract actions or the Illinois Wage Payment Act. He scheduled the cause for argument on Aug. 31 at 8:30 a.m.
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