Disparti Law Group attorney Cass T. Casper represents two directors, Drake Carpenter and Aracelis Gotay, who were wrongfully suspended without pay and eventually fired without explanation. Neither of these high-ranking, long-standing civil servants was given a proper hearing with the Cook County Sheriff’s Merit Board, as required by Illinois law. Both Carpenter and Gotay were arrested without being read their rights and were held in a room for several hours without being allowed to leave. To this day, it remains unclear what they are accused of or why they were suspended and eventually terminated.
As the details unfold, it’s hard to deny blatant violations of Carpenter and Gotay’s by the defendants, including Cook County Sheriff Thomas J. Dart and the Cook County Department of Corrections (CCDOC).
In this Article:
- Fourteenth Amendment Rights Violated by Sheriff’s Office
- Plaintiffs Silenced Without a Hearing
- Employees “Voluntold” to Work on Sheriff Dart’s Campaign
- Lawsuit Pursues Damages for Lost Wages and More
- Disparti Law Group Holds Government Officials Accountable
Fourteenth Amendment Rights Violated by Sheriff’s Office
On March 23, 2022, Director Drake Carpenter was called into the office of the Executive Director of the Cook County Department of Corrections (CCDOC) and questioned by the Sheriff’s Office of Professional Review (OPR) for several hours without being read his rights or being allowed to leave. The same happened to Director Aracelis Gotay just two days later on or around March 25. They were told they were under investigation but were never told why.
They could only speculate that it was related to bald rumors that they were “double-dipping” a corrupt practice of working for private security while also working for the CCDOC. However, these rumors are baseless and untrue as neither Gotay nor Carpenter have ever engaged in such a practice and they know nothing about any involvement by their peers. The Plaintiffs’ arrest was a major violation of their Fourteenth Amendment rights which require probable cause as well as due process for the accused.
Plaintiffs Silenced Without a Hearing
Public employees have special employment protections because their employer is the government. Therefore, as public employees, Gotay and Carpenter should have had the opportunity to defend themselves in both a Loudermill hearing and a Cook County Merit Board Hearing.
No Loudermill Hearing
After being held against their will, the Plaintiffs were eventually placed on administrative leave without pay, and again, without an expressed reason. This is yet another violation of their rights as they were never given a Loudermill hearing, which would have allowed them to explain or refute whatever unknown accusations were being made against them. A Loudermill hearing is meant to protect public employees and their right to due process before disciplinary action that might impact their property rights (aka employment). Both Carpenter and Gotay should have received a Loudermill letter explaining their specific charges and presenting any evidence the employer may have that proves their misconduct. But no such letter was ever presented to the Plaintiffs.
No Merit Board Hearing
On April 4, 2024, Gotay, a 14-year veteran, and Carpenter, a 22-year veteran, officially received termination letters when unnamed officers showed up to their homes in uniform, unannounced. The Plaintiffs were both merit-rank employees, which means, according to the Cook County Sheriff’s Merit Board Act, they cannot lose their merit rank without a formal hearing with the Merit Board. Neither plaintiff received such a hearing before being terminated. Not to mention, the decision came just 11 days after they filed their third complaint, which set a strong foundation for a retaliation claim.
Employees “Voluntold” to Work on Sheriff Dart’s Campaign
Another part of this case involves lost wages owed to the Plaintiffs for working overtime hours on Sheriff Dart’s campaign. Gotay and Carpenter, along with several other employees, were “voluntold” by their supervisor to participate in campaign-related activities in support of Sheriff Dart’s campaign without proper compensation.
The plaintiffs were essentially coerced into this political work with the implication that refusal could result in unfavorable job consequences, such as being transferred to less desirable divisions within the CCDOC. This form of coercion, which blends their official employment duties with political campaign activities, raises significant concerns about compelled speech and the misuse of authority.
Given that the plaintiffs were required to perform these campaign tasks as part of their employment, they are owed unpaid wages for the time spent on these activities. Plaintiff Carpenter, for instance, worked two full days, totaling approximately 16 hours, while Plaintiff Gotay worked for an estimated 24 hours, including door-to-door canvassing for Dart’s petitions.
Despite being salaried employees not typically entitled to overtime pay, they assert that the nature of this compelled work entitles them to compensation beyond their regular salaries.
In addition to seeking unpaid wages, the plaintiffs are also pursuing a cease-and-desist order to prevent Sheriff Dart from compelling his staff to work on his campaigns in the future. This case highlights the potential abuse of power within the workplace, where employees may feel pressured to support their employer’s political ambitions under threat of job-related repercussions.
Lawsuit Pursues Damages for Lost Wages and More
In summary, Casper and his team at Disparti Law Group intend to hold the Sheriff’s office accountable for:
- Fourteenth Amendment violations
- lost wages
- retaliation
Plaintiffs Carpenter and Gotay should be made whole through compensation for lost salary and benefits during their two-year suspension and more recent termination, unpaid wages while working on Dart’s campaign, and reinstatement to their positions.
Disparti Law Group Holds Government Officials Accountable
Disparti Law Group is committed to holding government entities accountable for the actions of their officials and employees. In Illinois, statutes mandate that local public entities like Cook County are financially responsible for the misconduct of their officials.
Sheriff Dart, who has a documented history of retaliatory and harsh behavior towards his employees, exemplifies the type of public official whose actions can lead to significant legal consequences for our city. In a television interview, Dart openly admitted to using his authority to punish employees who do not meet his expectations:
“If [my employees are] not doing what I need them to do, they either get fired, or I can make their life tricky by transferring them to a different location to make their drives longer, things like that.”
His comments reveal a willingness to use his power in ways that could be seen as vindictive or punitive.
Attorney Cass Casper and the Disparti Law Group stand firm in challenging such abuses of power and reinforcing the principle that no one, not even powerful public officials, is above the law.
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About Disparti Law Group
The Disparti Law Group is one of the most successful law firms serving the greater Chicagoland area. As the leader in Injury, Disability, Workers’ Comp, and Employment Law, with more than $1 billion in recoveries, the Disparti Law Group has been named One of the Most Influential Law Firms in America by Trial Lawyer Magazine. For a FREE case review, call (312) 600-6000.
