Former cop sues mayor, city

Complaint alleges conspiracy to prosecute for political payback

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CALUMET CITY | A July 2007 call to break up a fight between two groups of teenagers outside the Calumet City police station proved to be a costly one for former Officer Steven Lundy.

It cost him his job.

Lundy and fellow Officer Keith Paprocki were indicted in October 2007 on charges of official misconduct and felony battery for allegedly punching a then-14-year-old boy while he and his cousin were in the police station elevator.

Both were acquitted in January of this year, but not before Lundy was effectively forced to retire.

Now, Lundy, a 27-year veteran cop, is hoping a federal judge will see fit to pass the court costs onto Mayor Michelle Markiewicz Qualkinbush and others whom he believes conspired to have him prosecuted as political payback.

Lundy has filed suit in federal court against Qualkinbush, former Police Chief Russell Larson, an assistant prosecutor and unnamed Calumet City and Cook County officials, alleging they used the brutality claim to repeatedly push for criminal charges against Lundy and Paprocki.

Messages left for Qualkinbush were not returned; however, City Attorney Burt Odelson said he believes the merits of the suit can be summed up in one word: zero.

"It's a harassment lawsuit," Odelson said. "Mr. Lundy resigned from the Police Department and took his pension.

"At a time when the city needs all the funds it can get to support services, it's a shame they have to spend it on lawyers for frivolous lawsuits."

Larson's attorney, John Joseph Meehan, could not be reached for comment.

Prosecution as payback

Lundy's suit, filed last month by Chicago attorney Luke Casson, accuses Qualkinbush and the other defendants of violating Lundy's First Amendment right to free speech, conspiracy to violate his civil rights, defamation and malicious prosecution.

Boiled down, the suit makes the case that Lundy was prosecuted not for what may have happened in the elevator, but for what he may have said about the mayor.

"The mayor believed [Lundy] was accusing her of not living within the city limits and therefore ineligible to run for mayor of Calumet City, and she, at that point, swore revenge," Casson said. "We believe that she took out her revenge."

The suit references a public function in June 2007 during which Qualkinbush allegedly approached Lundy, who was on duty, and began to publicly berate him.

"In concluding her diatribe, Qualkinbush exclaimed that she would have him fired," the suit claims.

It goes on to detail how Larson allegedly attempted to have the Cook County state's attorney's office file criminal charges through three different avenues: the prosecutor's district office in Markham, the Felony Review Unit and the Public Integrity Section. All three attempts were denied.

Then, on Oct. 8, 2007, "agents of the city of Calumet City and high ranking, but as yet unidentified employees of the Cook County state's attorney's office" met to discuss indicting Lundy, the suit alleges.

The officers were indicted the following day.

Casson did not say who those unnamed agents and employees were, but he expects that to come out in court.

"We believe, during the discovery phase of this case, that it will be shown that there was a meeting between two high-ranking officials of Calumet City and the Cook County state's attorney's office who orchestrated the charges to the grand jury," Casson said. "We anticipate adding a defendant."

The more things change ...

The prosecution of Lundy and Paprocki came almost three years after the city went through another police-related incident involving a white officer, a black teen and allegations of police brutality.

In August 2004, Officer Louis Picicco was accused of repeatedly punching a then-16-year-old boy who was in custody on a jaywalking charge. The boy's family sued the city, and in February 2005, the city settled the lawsuit for an undisclosed amount of money.

In that case, the Cook County state's attorney declined to charge Picicco and, in light of the city's decision to settle the civil suit, dropped felony charges of battery to a police officer that had been filed against the teen.

An arbitrator eventually sided with Picicco against the city, which sought to suspend him without pay over the allegations.

Picicco filed a federal lawsuit in April 2005 against Qualkinbush, Odelson and other city officials, alleging they tried to quell public outcry by setting him up as a "fall guy" to defuse racial tensions prior to the 2005 election.

That suit was dismissed in July pending a settlement in the case.

Casson, who has represented a host of clients in federal suits against the city and city officials, also represented Picicco. However, even though politics, prosecution and many of the players themselves came to play in both Picicco and Lundy's cases, Casson said he doesn't see them the same.

"I don't view this as anything like Louis Picicco's case," Casson said. "We've alleged they had evidence that clearly indicates [Lundy's] innocence and ignored it."

Political skeletons

The 19-page complaint resurrects feuds that took root well before July 2007, and it tosses out a few political grenades in the process.

The complaint quickly establishes an allegedly adversarial relationship between Lundy and the mayor, citing Lundy as a key witness in a variety of federal criminal investigations that led to the conviction on public corruption charges of former Mayor Jerry Genova, whom the suit refers to as "Qualkinbush's friend and mentor."

"(Lundy) spoke out against the administration," Casson said. "He has a long history of political opposition to the current regime. He sees it as a continuation of the Genova years -- the same mentality, same retributional conduct."

The suit also dredges up Larson's sordid past, noting that prior to being appointed chief by Qualkinbush, he had been previously terminated after being indicted on drug and racketeering charges.

Prosecutors had argued Larson -- then a 16-year veteran of the police force -- helped protect a drug dealer's operation from police raids and surveillance. Larson was found not guilty of those charges in November 1990. However, based on Larson's testimony at trial, the Board of Fire and Police Commissioners found Larson guilty of conduct unbecoming a police officer, possession and use of illegal drugs, and violation of Illinois law regulating the activities of fire and police personnel. The commission fired him in December 1990.

In a 2003 interview with The Times, Larson said he was drinking heavily in 1984 and suffering from depression. Because of his alcohol abuse at the time, Larson said he has no independent memory of ever using cocaine, only information provided to him by another officer.

"To the best of my knowledge, I never, ever have used drugs," Larson said. "If that incident did occur, we're talking about 1984, at the weakest part of my life."

Lundy's suit claims that Larson, during the period when he was under indictment, approached Lundy, who was president of the Fraternal Order of Police, Lodge 1. Larson asked Lundy to make some positive statements about him to the press, but Lundy refused, "because it could have been false," the suit claims.

Back to work

Lundy was suspended without pay pending a hearing of the city's Board of Fire and Police Commissioners.

Given the option, Lundy elected to postpone the hearing until the trial was resolved rather than be fired outright. In March 2008, he became eligible for retirement, and with no end to the criminal case in sight, he submitted his resignation.

In addition to requests for punitive damages against the defendants, the suit also seeks the pay that Lundy lost as a result of his suspension. Ultimately, Casson said, Lundy wants to return to the job.

"Steve would like his job back," Casson said. "That would end the financial damages to him."

As far as Odelson is concerned, the quicker the case moves, the better.

"We're trying to proceed quickly to get it out of our way because of all the serious things we have to do in the city," he said.

"So we're proceeding with all due haste, and plus we have a very excellent judge who will require all lawyers to comply with the rules of court, which will help in this case to draw to closure quickly. ... It's a typical harassment lawsuit filed by (Lundy's) attorney, who has experience filing suits against the city. Really, meritless is the word for the suit."

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