Why fired Des Plaines police officer could return

A fired Des Plaines police officer who has a contentious record with the department - including accusations he beat handcuffed suspects, lied during an internal investigation and made false arrests - could rejoin the ranks after a long-standing dispute.

An arbitrator ruled last month that officer John Bueno should be reinstated after the city fired him five years ago over accusations he beat arrestees and failed to report the use of force. The city has tried hard to keep the 10-year veteran officer from rejoining the department, arguing that rehiring him would be bad public policy and harmful for morale.

Bueno's recent arbitration win leaves the city with three potentially costly options: continue fighting the case in court, pay for a settlement with Bueno or reintegrate him into the force. City Manager Mike Bartholomew said the city has not determined its next step, but a decision could be made within the next two months.

Bartholomew declined to discuss details of the arbitrator's decision, citing concerns over whether the documents are public. The Daily Herald has filed a records request for the decision. Police Chief Bill Kushner did not return phone calls.

Bueno's attorney, Keith Karlson, did not return requests for comment.

Bueno was fired in 2012 after an internal investigation into allegations he beat four arrestees.

In August 2010, Bueno punched a handcuffed man sitting in the back seat of his patrol car in a parking garage. Bueno told investigators he believed the man was attempting to break free, and he wanted to distract the man to confirm the handcuffs were still secure.

An arbitrator ruling on Bueno's termination grievance would later find this explanation was "not remotely credible" because Bueno did not ask for help from another officer present, court documents show. The arbitrator determined he "blatantly violated the department's use of force policy."

The city settled a federal lawsuit brought by the suspect for $64,000.

Bueno also did not deny punching a suspect while he moved the man into a jail cell in January 2010. The man reportedly grabbed Bueno, prompting the officer to punch the man in his face, court records show. There wasn't enough evidence to show Bueno's use of force was unjustified, but he violated policy by failing to report it, an arbitrator found.

In another case, Bueno was accused of pushing a suspect who made vulgar comments about his daughter. The actions were "not necessary, not justified and not intended to accomplish any police task," the arbitrator said.

Bueno also was named a defendant in a 2009 federal lawsuit filed by a resident who said she was falsely arrested and mistreated by three police officers, including Bueno. The city settled the case in 2012 for $32,500.

Ultimately, however, the arbitrator decided the city erred in firing Bueno because officials delayed investigating the incidents. The loss of video evidence potentially helpful to Bueno's defense and the witnesses' fading memories contributed to a possibly prejudiced case, the arbitrator found.

The arbitrator also determined the department's command staff condoned Bueno's use of force, concluding the city lacked just cause to fire him.

In a separate lawsuit filed in August 2012, former Deputy Chief Richard Rozkuska argued he was forced out of the department for reporting Bueno's misconduct. The city eventually settled the lawsuit for $187,500, though officials called the allegations frivolous.

The city and the Metropolitan Alliance of Police, the union representing Bueno, continued litigating the case back and forth until reaching an Illinois appellate court. Appellate judges in a split decision returned the case to arbitration, leading to the most recent ruling in favor of Bueno.