Appeals court reinstates fired cop's suit against Elgin

An Illinois appeals court has reversed a lower court's decision to dismiss a former Elgin police lieutenant's lawsuit alleging the city fired him without cause after a judge ruled he was promoted incorrectly.

In a 3-0 ruling, the Second District Appellate Court said a Kane County judge erred when he dismissed Henry Smith's complaint against the city.

Smith, a 25-year veteran of the Elgin Police Department, was promoted to lieutenant in April 2004, but then removed from the position three years later when a judge ruled that a sergeant at the top of an eligible candidate's list should have been promoted instead.

Greg Welter, who accused the city of reverse discrimination when it promoted Smith over him, was made lieutenant in early 2007. The city then argued that the appointment exceeded the number of lieutenant positions it was permitted, and consequently terminated Smith's employment.

A trial court in 2008 dismissed Smith's lawsuit. The city had argued that Smith's suit had contradicted positions he had taken in previous litigation, was consitutionally barred and he had not exhausted all administrative routes before filing suit.

"If the city does not appeal or petition for a rehearing, then the case will be sent back to the trial court," Smith's attorney Patrick Kinnally said Thursday.