Des Plaines Going to Court to Prevent Fired Officer's Return

An arbitrator ruled that fired Des Plaines police officer John Bueno should return to work, but the city is going to court to challenge that decision.

Des Plaines police said that Bueno's June 3 reinstatement will be on hold pending the court action.

Bueno was fired by Des Plaines for violating the city's use of force policy, failing to disclose use of force, and lying to internal investigators, a press release from the city states.

"The arbitrator upheld every charge filed by the City against Bueno and agreed the City had just cause to discipline Bueno for violating these rules," the statement reads. "However, rather than upholding the termination of Bueno's employment, the arbitrator gave Bueno a 15 month suspension..."

"We are extremely frustrated and disappointed with the arbitrator's ruling," the press release states.

The Journal & Topics reported that the use of force allegations against Bueno involved a beating that occured either in the police station or in the adjacent parking lot.

Former Des Plaines Deputy Police Chief Rich Rozkuszka sued the city last year alleging that he was forced to retire for .

Rozkuszka's lawsuit stated that he received reports from other Des Plaines police officers, from 2009 to 2011, that Officer John Bueno “repeatedly engaged in violent and improper conduct while on duty, including beating incarcerated arrestees while in custody and in some circumstances while handcuffed.”

Bueno challenged his firing, filing a grievance. Bueno also filed a discrimination claim against the department with the U.S. Equal Employment Opportunity Commission, alleging that Rozkuszka had made disparaging comments about his Hispanic heritage.

Although the arbitrator ruled that Bueno should be able to return to work June 3, the city is going to court to challenge that decision. City officials say they will file a motion with the Circuit Court of Cook County to vacate the ruling. A court would then determine whether to vacate the arbitrator's ruling.

"We can all agree that there is no room on the Des Plaines Police Department for officers who physically abuse arrestess and lie under oath," the city's statement reads.

Correction: An earlier version of this post stated that Bueno would return to work June 3. Although that was the arbitrator's ruling, the city is challenging that ruling in court. Police officials said Bueno will remain off the force until the matter is resolved in court. Patch regrets the error.

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