Redd v. Nolan (718 F. Supp. 2d 927, 2010)

MEMORANDUM OPINION AND ORDER

MORTON DENLOW, United States Magistrate Judge.

Plaintiff Samone Redd (“Plaintiff’) filed a second amended complaint against Defendants Director of Personnel Rosemarie Nolan (“Ms. Nolan”), Cook County Sheriff Thomas Dart, in his official capacity (the “Sheriff’), and Cook County (“Cook County”) (collectively “Defendants”), alleging violations of Plaintiffs procedural due process rights and First Amendment rights under 42 U.S.C. § 1983, retaliatory discharge under Illinois law, and an indemnification claim against Cook County. The case is now before the Court on Defendants’ motion for summary judgment attacking all of Plaintiffs claims. The Court heard oral argument on April 29, 2010 and permitted additional briefing thereafter. For the reasons below, Defendants’ motion for summary judgment is granted.

I. BACKGROUND FACTS

As required when considering a motion for summary judgment, the following facts are either uncontroverted or presented in the light most favorable to the plaintiff when controverted. Anderson v. Liberty Lobby, 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

A. Introduction

Plaintiff was 24 years old when she was hired as a probationary correctional officer for the Cook County Department of Corrections (“CCDOC”) on November 13, 2006. DS ¶ 3, PS ¶ l. Pier probationary period was to last for one year, ending on November 13, 2007. DS p. Plaintiff is alleged to have made a statement to Chicago Police Detective Brian Johnson (“Detective Johnson”) in the course of a criminal investigation that Plaintiff denies making. PS ¶ 2. The alleged statement led to an investigation by the Office of Professional Review (“OPR”) which resulted in Plaintiffs resignation from the CCDOC on October 31, 2007. DS ¶31.

Plaintiffs Second Amended Complaint alleges four claims. In Count I, Plaintiff alleges that Defendants terminated her employment without reasonable notice and without an opportunity to be heard, in violation of her procedural due process rights under 42 U.S.C. § 1983. In Count IT, Plaintiff alleges that Defendants retaliated against her for refusing to perjure herself in violation of her First Amendment rights. In Count III, Plaintiff alleges that Defendants discharged her in retaliation for refusing to perjure herself, in violation of Illinois common law. In Count IV, Plaintiff seeks indemnification against the County of Cook for all compensatory damages entered against the individual Defendants acting within the scope of their authority.

B. Conditions of Plaintiffs Employment

Upon beginning a twelve-month probationary period of employment at the CCDOC, correctional officers are required to sign a Conditions of Employment form that states in relevant part: “I understand that during my first year as a Correctional Officer, I am on probation and can be terminated for cause.” DS ¶ 33, PX D. The form also states; “I will abide by the Department’s General Orders and Procedures.” Id. Plaintiff signed the Conditions of Employment form on or about November 13, 2006. PS