2 Former Orland Cops Sue Dept., Village Leaders For Retaliation, Civil Rights Violations

ORLAND PARK, IL — Two former Orland Park police officers have sued their higher-ups and the Village, alleging wrongful termination and civil rights violations rooted in one's firing and the other's arrest.

Former Orland Park Sgt. William Sanchez says in his suit filed last week that he was fired in February 2024 in retaliation after he filed a complaint of racial discrimination, harassment and retaliation against then-Deputy Chief Brian West and Chief Eric Rossi. His suit also names former village manager George Koczwara, and the Village of Orland Park.

In his own suit, former Sgt. Ken Kovac alleges his constitutional rights—specifically that of protected free speech—were violated when he was arrested in connection with a Facebook page that parodied West. His suit names the Orland Park Police Department, West and officers Douglas Klein, Kenneth Rosinski and William Fitz.

The lawsuits are the latest twist in the ongoing saga between the two former cops, the Village and police department leadership.

In 2023, Sanchez named named both West and Rossi in the complaint with the Equal Employment Opportunity Commission and Illinois Department of Human Rights.

Sanchez, a Mexican American who identifies as Hispanic, claimed that in not promoting him in rank as efficiently as his Caucasian colleagues, Rossi and West discriminated against him. A months-long private investigation proved otherwise, officials said, and Rossi and West were both cleared of any wrongdoing. Sanchez's complaint had been made "in bad faith," the Village said. West, however, had filed a complaint of his own, claiming that Sanchez had created a hostile work environment. That claim, the Village said, held up, and led to Sanchez's termination.

The Village told him the firing was due to misconduct, specifically filing the complaints against West and Rossi. Filing complaints, however, is an "indisputably protected activity," the new suit states.

After his firing, Sanchez filed a grievance with the Orland Park Supervisors Association, and the parties took the matter to arbitration. An arbitrator in January found that the firing was unjust. The Village was ordered to reinstate Sanchez, also awarding him full back pay, pay for lost benefits and contributions and retirement plan. The Village has disputed that ruling, and filed a motion in Cook County circuit court.

Following the arbitration ruling, Sanchez subsequently pursued his lawsuit, which details other aspects leading up to his belief that he had been discriminated against. One references a white officer in black face and making "racially charged results." That officer had been promoted twice, the suit states. Also noted in the suit was the hiring of one officer, despite a background check that revealed that officer's comments about lynching a Black suspect.

In the department for 20 years, Sanchez was rated well in performance, with no history of disciplinary action or misconduct. That was also noted in the arbitration hearing, and factored into the arbitrator's decision.

"If the VOP really felt that Sergeant Sanchez was creating a hostile work environment by filing complaints, he could have received some sort of progressive disciplinary action," Arbitrator James Dworkin said in the ruling.

Dworkin went on, writing, "Sergeant Sanchez is a very competent officer. I have a very hard time understanding why the VOP would not try to correct conduct they felt was inappropriate on a timely basis for such a well performing employee? There is simply not enough proof of the creation of a hostile work environment for Deputy Chief West by Sergeant Sanchez. If such a situation had been going on for so many years, certainly it should have been addressed much earlier."

Sanchez also claims in the suit that he had been promised a promotion that never came. Serving as supervisor of the traffic safety unit at the rank of sergeant, Sanchez says Rossi told him that he would next be promoted to lieutenant after another officer retired, the suit states. In arbitration proceedings, both West and Rossi said neither had made that promise.

The suit also circles back to the private investigation into Sanchez's original claims, the outcome of which led to his termination. Outsourced to Jimmy Lee, of Gold Shield Detective Agency, the investigation was "a sham, its outcome predetermined" by Village leadership, the suit alleges.

Lee is also named as a defendant in the suit.

"As an active police chief and member of multiple police chief associations at the time of the investigation, Defendant Lee was hardly neutral," the suit states.

"Months before the investigation concluded, Village Mayor Keith Pekau telegraphed the outcome the Village sought and expected to receive," the lawsuit alleges.

The suit also states that the Village accused Sanchez of filing false reports meant to "discredit the OPPD, harass D.C. West and force Chief Rossi to remove D. C. West." His complaints, the Village said, painted the department in a "false light."

Sanchez's suit seeks reinstatement, back pay and unspecified damages. He wants a jury trial.

Kovac's Suit

In his own filing, retired Sgt. Ken Kovac claims the defendants violated his constitutional rights when they arrested him in connection with a Facebook page he created to air concerns about "abuses of power" within the department.

The allegations were lodged in April 2024 against Kovac, who police say created fake Facebook profile "Brian East," purporting to be now-former Deputy Chief Brian West, then used the account to defame West. Specifically, Kovac used the page to "jokingly” portray West as a “simplistic and overly enthusiastic supporter” of Mayor Keith Pekau, the suit states.

West "did not appreciate or enjoy the parody page, which he suspected Plaintiff of operating," the suit states. West then worked with the others named in the lawsuit to "shut down the parody page and to investigate, arrest, and criminally charge [Kovac] for exercising his right to make non-threatening posts online from an obvious parody page."

West, the suit alleges, requested a fast-tracked investigation into the page, an ask approved by Rossi.

Applications for search warrants in the matter left out key factors and misrepresented others, the suit alleges. The applications stated that the Village was investigating possible violations involving cyberstalking, "despite having no evidence that the user of the parody page was engaging in cyberstalking conduct with respect to Defendant West." The applications also stated that someone was "creating fraudulent Facebook pages in [Defendant West's] name." Omitted was that the page was a parody, and used a different last name than West's.

Kovac turned himself in on April 7, 2024, and was subsequently charged with false personation and disorderly conduct. A Cook County Judge in January dismissed the charges. Lawyers speaking on his behalf then said his arrest should have never happened.

"The complaints were fatally defective as a matter of law, and the acts alleged do not constitute criminal conduct," said Attorney Dave Sterba, of Walsh, Fewkes, and Sterba. "These charges should never have been filed."

The Village disagreed with the judge's ruling.

"Despite compelling evidence in the case, the Cook County State’s Attorney’s Office was unable to secure a prosecution, failing in its responsibility to protect Deputy Chief West as a victim of these malicious acts," Interim Village Manager Jim Culotta wrote in an email at the time. "The Village of Orland Park is deeply disappointed by this outcome and stands unwavering in its support of former Deputy Chief West."

Attorney Justin Tresnowski, of law firm Hughes, Socol, Piers, Resnick and Dym is representing Kovac, and commented on the January outcome at the time.

"These charges never should have been brought," Tresnowski told Patch. "Ken Kovac made a Facebook account that poked fun at the Deputy Chief of the Orland Park Police Department. The Deputy Chief didn’t like it and tried to use the criminal legal system to get even.

"This was a blatant abuse of power and a textbook violation of Mr. Kovac’s First Amendment right to speak freely without fear of criminal arrest and prosecution."

The suit filed last week said that at the time of Kovac's arrest, "it was well established that the First Amendment protects speech parodying public officials."

It alleges that defendants violated Kovac’s rights to free speech and unreasonable search and seizure.

Kovac seeks punitive damages, attorney fees, costs and interest, as well as permanent injunctive relief from any of the parties seeking to interfere with, suppress, or retaliate against constitutionally protected free speech.

Kovac demands a jury trial.

Village Responds

The Village on Tuesday issued a statement regarding the lawsuits.

“The Village has been made aware of lawsuits filed by two former police officers and takes all legal matters seriously. While we cannot discuss the specifics of ongoing litigation, we want to make clear that the Village stands by its actions and those of its employees and remains confident that they were appropriate and fully compliant with the law.

"The Village is committed to maintaining a fair and inclusive workplace, upholding the highest professional standards in our employment and law enforcement practices, and ensuring that all employees are treated with respect and in accordance with the law. We will address these claims through the legal process and remain confident that the Village has acted lawfully and appropriately in these matters.

As this process unfolds, our priority remains serving the community and supporting the dedicated professionals who work to uphold public safety in our Village.”