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
Latest Conference: 2021-10-15
Question Presented (from Petition)

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?

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?

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
The Village of Downers Grove, et al.
John B MurpheyOdelson, Sterk, Murphey, Frazier & McGrath, Ltd., Respondent