Don 'Duck' Dickinson's Lawsuit Against Joliet, Marc Reid and Al Roechner: Here's Where It Stands

JOLIET, IL — In September 2023, Joliet Patch broke the news revealing how former Joliet City Councilman Don "Duck" Dickinson had retained attorney Frank Andreano to file a civil lawsuit against Joliet, retired police chief Al Roechner and former deputy police Marc Reid.

The lawsuit accused Reid and Roechner of conspiracy to inflict emotional distress. The city of Joliet is being sued for malicious prosecution because of Reid and Roechner's role in soliciting Dickinson to make a police report.

"Reid and Roechner, as police officers and policy makers for the city of Joliet, solicited Dickinson to make a police report and then forwarded such report to the Illinois State Police for the purpose of criminal prosecution, and which resulted in the actual criminal prosecution of Dickinson for an offense which he Dickinson did not commit," Andreano's lawsuit outlined.

This week was supposed to mark the deadline for the plaintiffs and defendants to file their summary judgment motions in front of the new judge now assigned to preside over Dickinson's lawsuit, Lindsay Parkhurst, who comes from Kankakee County.

However, last week, the judge granted a motion from one of the defendants, rescheduling those deadlines. Motions for summary judgment are now due Jan. 16. Responses to those summary judgment filings will be due Feb. 27 and replies to the summary judgement will be filed by March 27.

Parkhurst normally serves on the bench at the Kankakee County Courthouse. She was assigned to take over the city of Joliet lawsuit after Will County Judge Brian Barrett recused himself.

On August 28, at the Will County Courthouse, Andreano appeared for Dickinson while attorney Danessa Watkins appeared for Roechner, attorney Carolyn Boucek appeared for Reid and attorney David Mathues appeared on behalf of Joliet.

That very same morning, Judge Barrett announced he had recused himself from handling former Joliet Mayor Bob O'Dekirk's lawsuit against several of the same defendants.

"This matter appearing before the court on status, the court having learned in a similar situation, 25LA 235, facts arising out of the same incident, a circuit court judge in Will County has been named as a witness in that case," Judge Barrett revealed. "Rule 2.11 applies in this situation ... the appearance of impropriety and the fact that there is a member of the Circuit Court of Will County who is a potential witness on this case, the court recuses himself and sends it to the administrative office of Illinois Courts for reassignment."

At that moment, attorney Andreano announced his objection.

"And that I think this is forum shopping," Andreano explained. "The judge is not a witness in this case. No one has named him as a witness in this case. I don't know how he could be a witness in this case. The fact that somebody says the name of a chief judge, that somebody heard something at a party at a chief judge's house, you know, I think it's a stretch, and I think that this is just forum shopping by another means, but I understand your ruling, judge."

Judge Barrett then spoke up and explained his rationale for removing himself from handling Dickinson's ongoing civil lawsuit against Joliet, Reid and Roechner.

""Mr. Andreano, I agree with you. I think that that name got put on this as a witness list in the other case for this specific purpose," Judge Barrett announced. "That the change of venue was going to happen one way or the other based on what they were filing. However, I am in an unfortunate situation where this is a public matter. I have members of police departments, I have mayors, I have council people where this electorate has spoken in several progressive elections yes or no to any one of these people.

"And because this is now the situation before our court that I wouldn't call it highly public, but public for Joliet that there are people who are looking at this and are automatically going to say, oh, well, that judge is in on it. And I can't have that happen, not just for me, but for judicial system and justice in general. I don't want anybody walking out of my courtroom and ever saying that judge was in on it. So this is why. And the appearance alone that I am recusing the Circuit Court of Will County."

At that point, attorney Mathues, the Itasca lawyer whose law firm defends the city of Joliet in litigation, spoke up and addressed Judge Barrett.

"The city would like to emphasize that at least in this case, we didn't move for recusal. But in addition to questions that your honor has articulated, the city appreciates your honor finding yourself in a lose-lose situation. There is also the question of the jury pool, which is a big part of the motion for change of venue. In addition, out of an abundance of caution to avoid the appearance of impropriety, the city respectfully thinks that, rightly or wrongly, if a jury from outside Will County were to decide this case or the O'Dekirk case, that there would be far less grounds for people making criticism about the verdict somehow having been predetermined."

Judge Barrett spoke up and responded, "That change of venue will have to be heard by the next judge."

"Very well," Mathues replied. "Thank you, your honor."

According to Dickinson's lawsuit: he was a graduate of Joliet West and worked 23 years as a tool-and-die maker, followed by employment as a maintenance worker at Joliet's Park District. Dickinson is also a single father of three now-adult children, "dedicated to his own children and to youth sports and activities."

He won a seat on the Joliet City Council in April 2017 and resigned in November 2020.

Related Joliet Patch coverage of the 2020 saga:

Ex-Chief, Ex-Deputy Chief Conspired To Damage Mayor: IL State Police

Mudron: Dickinson Wanted To Get Ahead Of Private Parts Photo Scandal

Joliet Police Pension Spiker Becomes Elwood Police Sergeant

'Duck' Dickinson's Criminal Case Dismissed, Jobe-Gavin 'Disappointed'

Ex-Councilman McFarland Files Defamation Suit Vs. Mayor O'Dekirk