Alleging Italian Slur, Ex-Will County Deputy Files Federal Lawsuit

JOLIET — More than two years since his employment at the Will County Sheriff's Department ended, former Will County Sheriff's Investigator Ross Ricobene has filed a federal lawsuit alleging his Italian heritage played a key role in his ouster by the administration of Sheriff Mike Kelley.

In May 2022, Ricobene was driving an unmarked Will County Sheriff's vehicle when he crashed into a parked car with people inside it at the Speedway gas station in Plainfield on Route 30 and Renwick Road, according to Plainfield police.

According to Ricobene's lawsuit, filed by Chicago attorney Timothy Coffey of The Coffey Law Office, Ricobene began his employment with Will County in December 2016 as a deputy sheriff. According to his lawyer, Ricobene's last position for Will County was as a deputy sheriff, assigned to the Will County Courthouse security division.

"Ross’ job performance at all relevant times met or exceeded WCS’s legitimate expectations," his lawyer declared, according to federal court records.

Meanwhile, lawyers for the Will County State’s Attorney’s Office have filed a motion asking the federal judges to dismiss Ricobene's lawsuit.

The lawsuit draws attention to the events surrounding Ricobene's driving under the influence arrest by the Plainfield police on May 13, 2022.

"Ross’ arrest was publicized by local media outlets," Coffey indicated in the lawsuit.

However, on Feb. 14, 2023, following a bench trial in Will County, Ricobene was found not guilty of the charge. On May 5, 2023, Ricobene's request for expungement was granted by a judge in Will County and the arrest and related records were expunged.

Superior Used Italian Slurs: Lawsuit

One section of Ricobene's federal lawsuit is labeled "National Origin and Ancestry Discrimination."

"Following his May 2022 arrest, Ross was called a 'dumb dago' multiple times by a superior WCS’s officer, Lieutenant (Tom) Omicienski, related to the DUI arrest," Ricobene's lawsuit noted.

"Ross was also told repeatedly by superior officers and supervisors that the arrest was an embarrassment to the WCS's office," the complaint alleges. "The Sheriff 'Mike Kelley' was in an election in November 2022. Lieutenant Omicienski called Ross a 'dumb dago' as recent as October 2022 when Ross called a twin brother the wrong name in the courthouse.

"Ross inaccurately congratulated Sergeant Jeremy Zdzinicki on being promoted to Commander, when his twin brother James Zdzinicki was actually promoted."

Ricobene's lawsuit also draws attention to the movie "Goodfellas" and Irish-Italian mobster Henry Hill, played by actor Ray Liotta.

"On numerous occasions at work and while on duty, Ross was also referred to as 'Henry Hill,' a reference to an actual alleged Italian mobster portrayed by actor Ray Liotta in the movie 'Goodfellas,'" Ricobene's lawsuit outlined. "In another related incident, a fake line of cocaine was left on Ross’ work desk, another derogatory reference to Henry Hill/Goodfellas and Ross’ Italian heritage."

News Of Ricobene's Arrest Discussed At Sheriff's Office

According to Ricobene's lawyer, the arrest and subsequent internal affairs investigation was shared and spread throughout the entire WCS's office. In June 2022, while at work at a Will County Sheriff's facility on Laraway Road, WCS Internal Affairs Sergeant James Zdzinicki called Ross a “dumb dago” and ridiculed him in front of other detectives; Detective Hillary Lithgow, Detective Robert Austin, Detective Paul Reyes all witnessed this. Sgt. Zdzinicki asked Ross if he knew where he was or if he was on "Ambien."

"Ross’s doctor had in fact prescribed Ambien for him after diagnosing Ross with sleep deprivation caused by switching work from midnights to the day shift," The Coffey Law Office noted. "Ross did not report the aforementioned offensive, demeaning and humiliating statements, acts and references to his Italian heritage to WCS’s human resources because they were made by superior officers and Ross reasonably feared retaliation including up to pretextual termination particularly following his DUI arrest."

Then came the events of Nov. 4, 2022.

Ricobene could not attend a class he was assigned to attend that day, his lawyer pointed out.

"That morning, two WCS supervisors, Lt. Omicienski and Sergeant (Michael) Corsi, showed up at Ross’ residence in Plainfield, Illinois, broke into his home after no one answered, and searched his entire home, including drawers and medicine cabinets," Ricobene's lawsuit stated. "Lt. Omicienski and Sgt. Corsi detained Ross’ girlfriend, interrogated her, told her Ross was not in trouble and that they were worried about Ross.

"Later that morning, Lt. Omicienski and Sgt. Corsi continued to pursue Ross and located him at a bar/restaurant in Lemont, Illinois, where Ross was eating and watching sports. Lt. Omicienski and Sgt. Corsi then forcibly removed Ross from the establishment and forced him into the back of Omicienski's squad car, where they locked him in the back seat of the squad car. They repeatedly berated and yelled at Ross and Lt. Omicienski took Ross’ badge and credentials. They told Ross that he was suspected of domestic battery. Ross denied the allegation. They then ordered Ross to submit to a drug and alcohol evaluation."

Ricobene Elected Not To Contest 'False Resignation'

When Ricobene refused to undergo a drug and alcohol evaluation, according to his federal lawsuit, the pair of Will County Sheriff's supervisors drove him home.

"Lt. Omicienski then immediately said, 'Ricobene just resigned.' They then drove Ross to his residence in Plainfield from Lemont while he was locked in the back of a squad car. They also took possession of the remainder of Ross’ police equipment," Coffey explained.

The federal lawsuit maintains that at no time on Nov. 4, 2022, or any other day did Ricobene notify the Will County Sheriff that he resigned.

"Ross never quit his WCS job, and never signed or submitted to WCS anything pertaining to a resignation," his lawyer emphasized. "Ross applied for and received unemployment compensation while he was unemployed following the November 4, 2022, incident."

Eventually, Ricobene filed and signed a grievance through the Fraternal Order of Police Lodge 94.

"Ross was informed by the FOP that if he contested the alleged 'resignation,' WCS would terminate his employment," the lawsuit noted. "Based in part on guidance from the FOP along with his intent and desire to apply for other law enforcement positions, Ross elected not to contest the false 'resignation.'"

Coffey informed the federal judge that his client "was later advised that WCS filed a misconduct report with the Illinois Training and Standards Board. The WCS report contained false information about the events of November 4, 2022."

Ricobene also used the Freedom of Information Act to request any body camera, squad camera footage and other records from the Will County Sheriff regarding the Nov. 4, 2022, incident at the Lemont bar/restaurant.

"WCS refused to produce to Ross any video from the incident. Any claim by WCS that Ross resigned is untrue and was used by WCS as a pretext to hide its true illegal discriminatory motive WCS has treated similarly situated employees who are not of Italian national origin and/or ancestry more favorably than Ross and did not terminate or constructively terminate their respective employment after becoming aware that they allegedly engaged in as serious or more serious misconduct, work rule violations and/or illegal activity," Ricobene's Chicago lawyer asserted.

Ricobene's federal lawsuit seeks a judgment in his favor and against the Will County Sheriff's Office by a U.S. District Court jury in Chicago. Coffey wants Will County Sheriff's to pay his client appropriate back pay and reimbursement for lost pension and other benefits and out of pocket expenses.

"Order Defendant WCS to immediately reinstate Ross to his former position or a comparable one; or, in the alternative, order Defendant WCS to pay Ross an appropriate amount of front pay."

The plaintiffs also want Will County to pay Ricobene "compensatory damages in the maximum amount allowable under the law" and "order Defendant WCS to pay Ross’ costs incurred in bringing this action, including, but not limited to, expert witness fees and reasonable attorneys’ fees."

In the Will County State's Attorney's Office motion asking that Ricobene's lawsuit be dismissed, the lawyers defending the Will County Sheriff's argue that the "Plaintiff states in their response brief, as alleged, WCS Kelley sidestepped the normal process by deciding to issue and through command staff deliver the resign or be fired ultimatum to Ross in the hopes that Ross would opt for the latter thereby obviating the need for him to bring and support charges before the Merit Commission. This is a complete misstatement of what is alleged in the section quoted by the Plaintiff. Nowhere does it state that Kelly issues a 'resign or be fired ultimatum.' In fact, there is no mention of Kelly at all in that section, only the acts of non-policy makers."

Related Joliet Patch coverage:

DUI Arrest: Will Co. Sheriff’s Investigator Crashed Into Parked Car