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DuPage deputy files second federal suit against sheriff

A longtime DuPage County sheriff's deputy, already part of a federal lawsuit against Sheriff John Zaruba claiming retaliation, has filed a second suit, this one alleging violations of the Americans with Disabilities Act.

Deputy Eric Koty, a 13-year veteran of the department, filed the lawsuit late last month in U.S. District Court in Chicago. Zaruba is named as the sole defendant in both his individual capacity and official capacity as sheriff.

Koty claims he was transferred from the patrol division to courthouse duty and removed from his role on the department's special operations unit in April 2014, after tendering charges of discrimination to both Zaruba and Chief James Kruse.

The nearly yearlong transfer to the courthouse caused Koty to lose his holiday pay, have "worse" work hours and caused him to miss patrol unit training exercises, the suit states.

According to the suit, Koty suffers from a femoral hip impingement with a torn labrum. The injury "prevents him from riding in his assigned Ford Crown Victoria because of leg room among other problems."

The suit alleges Koty requested to be reassigned to an "Explorer or another vehicle with more leg room" on Jan. 9, 2014. Nearly three months later, after never being allowed to change vehicles, Koty reported his disability and tendered the discrimination charges.

In addition to an undisclosed monetary reward, Koty is seeking a court order declaring Zaruba violated the act.

The sheriff's office didn't immediately respond to requests for comment.

Officials with the state's attorney's office, which represents county offices in civil cases, did not return calls for comment Thursday afternoon.

Koty is also one of seven deputies who filed a federal lawsuit in late 2013 accusing Zaruba of retaliating against them for supporting union efforts and refusing to fund his campaigns. That lawsuit is ongoing.

In October 2013 the county reached an $800,000 settlement with Susan Lakics, a sheriff's employee who sued in 2009 alleging she was passed over for a promotion because of sexual discrimination and a political beef between Zaruba and her husband, a former mayor of West Chicago.

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