A 1998 federal ruling that found the Village of Winthrop Harbor liable for damages as a result of the taping of police officers’ personal phone calls was reversed Wednesday by a federal appeals court.
The 7th Circuit Court of Appeals in Chicago reversed on appeal the $680,000 judgment against the village, ruling that former Police Chief Kenneth Miller’s taping of the calls were independent actions by him and not within the power of the village to control.
The plaintiffs–employees of the Police Department–reached a separate settlement with Miller after the 1998 ruling but before Wednesday’s decision, Winthrop Harbor Village Atty. Robert Long said.
The calls were taped from August 1992 to May 1993.
In this week’s ruling, the Appellate Court wrote: “We do not see any evidence . . . that it was the policy of the Village of Winthrop Harbor to secretly record employees’ telephone conversations. Nor do we find that there was a widespread practice or pervasive pattern of such conduct.”
Winthrop Harbor Mayor Robert Loy hailed the appellate decision. “Over the past six years, we have fought long and hard in this case to prove that the innocent taxpayers should not be forced to spend tax dollars defending the gross misconduct of a former village official,” Loy said.