Police Officer Allowed to Sue Police Chief Individually for Violation of the FMLA
The FMLA is based on the FLSA. A district court in the Northern District of Illinois has allowed a police officer to seek to hold his police chief personally liable for violations of the FMLA. The Fifth and Eighth Circuits have held that public agency employees maybe be individual defendants under the FMLA while the Sixth and Eleventh Circuits have held that individual employees of public agencies may not be sued under the FMLA. The Illinois court, situated in the Seventh Circuit chose to follow the rule of the Fifth and Eighth Circuits.
The Court also refused to find that the police chief had qualified immunity as a public official. The police chief argued that he was qualifiedly immune because there is no established law as to whether he or his employer should be held liable for the violations of the FMLA. The Illinois Court concluded that the police chief knew that his acts (if proven) would violate a clearly established right; the only uncertainty was who would have to pay for such a violation. This is was insufficient to support qualified immunity.
The case is Rafick v. City of North Lake, 563 F.Supp.2d 885 (N.D.Ill. June 27, 2008).
The Court also refused to find that the police chief had qualified immunity as a public official. The police chief argued that he was qualifiedly immune because there is no established law as to whether he or his employer should be held liable for the violations of the FMLA. The Illinois Court concluded that the police chief knew that his acts (if proven) would violate a clearly established right; the only uncertainty was who would have to pay for such a violation. This is was insufficient to support qualified immunity.
The case is Rafick v. City of North Lake, 563 F.Supp.2d 885 (N.D.Ill. June 27, 2008).
