Elgin police lieutenant sues city for legal costs

An Elgin police lieutenant who successfully sued the city in 2004 after being passed over for a promotion is suing again, this time to recover his legal fees from the first case.

Lt. Greg Welter is seeking more than $45,000 through the suit filed last week in U.S. District Court, costs his attorney said he is entitled to because the city's actions forced the first round of litigation.

"He was able (to win the first case) at a substantial cost to him and he believes he is entitled to reimbursement," Welter attorney Philip Piscopo said Tuesday.

City Attorney Bill Cogley declined to comment.

Welter first sued the city in 2004 after administrators passed him over for promotion to lieutenant, and instead handed the post to previously retired Lt. Henry Smith. The lawsuit alleged the city did so because Smith is black and Welter is white.

In July 2005, a state court ruled in favor of Welter, leading the city to grant him the promotion.

The new lawsuit claims that if not for city's actions in 2004, Welter would not have incurred more than $45,000 in legal costs.

The suit coincides with a nearly identical complaint pending before the Illinois Human Rights Commission. If that case succeeds, Piscopo said, Welter will drop the federal lawsuit.

"He's not trying to recover his costs twice," he added.