No. 21-302

Arthur G. Jaros Jr. v. Village of Downers Grove, Illinois, et al.

Lower Court: Illinois
Docketed: 2021-08-30
Status: Denied
Type: Paid
Response Waived
Tags: due-process first-amendment free-speech home-rule-powers liberty-interest library-trustee municipal-corporation public-office retaliation
Key Terms:
DueProcess FirstAmendment
Latest Conference: 2021-10-15
Question Presented (AI Summary)

Did the Village of Downers Grove violate the petitioner's First Amendment right to free speech by removing him from his statutory term as public library trustee in retaliation for his policy statements?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Notwithstanding its Home Rule Powers, did the Respondent Village of Downers Grove Violate Petitioner Jaros’ First Amendment Right to Freedom of Speech by Engaging in a Retaliatory Removal of Jaros from his Statutory Six Year Term as Public Library Trustee Because Jaros, in such Official Capacity, Had Made Policy Statements Based on Illinois Statutory Law While Engaged in a Library Board Legislative Function Where, Under the State’s Local Public Library Act, Library Board Trustees are Appointed by Elective Action of the Village Council of the Geographically Correlative Village Municipal Corporation? II. Notwithstanding its Home Rule Powers, did the Respondent Village of Downers Grove Deprive Petitioner Jaros of a Liberty and/or Property Interest in his Statutory Position, including its Six Year Term, as a Trustee of a Public Library Governed by the Illinois Local Library Act Where Respondent Summarily Truncated that Term by Summary Action that Terminated Jaros’ Service as Trustee without any Opportunity for him to be Heard and Therefore in Violation of his Federal Constitutional Right under the Fourteenth Amendment to Procedural Due Process of Law? -iiLIST OF ALL PARTIES (1) Petitioner Arthur G. Jaros, Jr., a resident of the State of Illinois, was the Plaintiff-Appellant in the proceedings below in the courts of the State of Illinois and is a member of the bars of the States of Illinois and Michigan and of this Court. (2) Respondent Village of Downers Grove is a municipal corporation and was a Defendant-Appellee in the proceedings below. (8) Susan D. Farley, a resident of the State of Illinois, was a Defendant-Appellee in the proceedings below. (4) League of Women Voters of Downers Grove, Woodridge and Lisle, is an unincorporated association and was a Defendant-Appellee in the proceedings below. (5) Gregory W. Hosé, individually and in his official capacity as Commissioner of the Village of Downers Grove, Illinois was a Defendant-Appellee in the proceedings below. (6 Robert T. Barnett, individually and in his official capacity as Commissioner of the Village of Downers Grove, Illinois was a Defendant-Appellee in the proceedings below. (7) Martin T. Tully, individually and in his official capacity as Mayor of the Village of Downers Grove, Illinois was a Defendant -iiiAppellee in the proceedings below.

Docket Entries

2021-10-18
Petition DENIED.
2021-09-29
DISTRIBUTED for Conference of 10/15/2021.
2021-09-27
Waiver of right of respondent The Village of Downers Grove, et al. to respond filed.
2021-08-23
Petition for a writ of certiorari filed. (Response due September 29, 2021)

Attorneys

Arthur Jaros Jr.
Arthur George Jaros Jr.Law Office of Arthur G. Jaros, Jr., Petitioner
Arthur George Jaros Jr.Law Office of Arthur G. Jaros, Jr., Petitioner
The Village of Downers Grove, et al.
John B MurpheyOdelson, Sterk, Murphey, Frazier & McGrath, Ltd., Respondent
John B MurpheyOdelson, Sterk, Murphey, Frazier & McGrath, Ltd., Respondent