IFMK Law Partner Julie Bruch prevailed beforethe First District Court of Appeals which affirmed dismissal of claims brought against the President of the Village of Willow Springs and the Village Administrator. Plaintiff was hired as Police Chief for the Village under a three-year contract. Before his contract expired, he met with the Village President and a Village Trustee. The President asked him to continue as police chief until a new Village Administrator was found to replace the outgoing administrator. She allegedly told Plaintiff that he “would be favorably considered for a contract extension given his exemplary service.” After his contract expired, he remained Police Chief as an at-will employee. Following the appointment of a new Village Administrator Plaintiff alleged that the President and Village Administrator “engaged in a series of actions calculated to cause” his resignation. He filed suit against both individuals in the Circuit Court for Cook County, seeking relief on two counts: fraud in the inducement, and conspiracy to commit fraud in inducement. The trial court granted defendants’ motion to dismiss, finding that Plaintiff “failed to state a cause of action in either Count I or Count II” and, in the alternative, that his claims were “barred pursuant to the Tort Immunity Act.
On appeal, the First District Court of Appeals found that the statements regarding renewal of the Chief’s contract and guarantee of continued employment were too vague and indefinite to form the basis of a fraud action. Further, the Tort Immunity Act provided immunity to the Village President and Village Administrator because they were in positions to make hiring decisions at their discretion based on the best interests of the Village, and Plaintiff did not provide legal reasons to argue otherwise.