One current member and two former members of the New Lenox Fire Protection Board filed suit in federal court Thursday against Will County State’s Atty. Jeff Tomczak, an assistant state’s attorney and the county, alleging their rights were violated when they were charged with official misconduct before last year’s election.
The felony charges against the three plaintiffs in the lawsuit–George Hedke, Robert Fronek and Conrad Kiebles–were dropped after a judge found insufficient evidence to proceed.
Hedke and Kiebles lost in April’s municipal election, and the lawsuit alleges that negative publicity surrounding the charges contributed to their loss. Fronek, who is still on the board, alleges damage to his reputation.
The three were charged with official misconduct for allegedly using a district-owned computer to write objections to two challengers’ bids to run for the board. The men admitted they used the computer, but said it was customary for the district.
In the lawsuit, the plaintiffs allege the misconduct charges were retaliatory because they did not support renewing a contract for an ambulance service whose owners Tomczak had represented when he was in private practice.
The plaintiffs seek more than $1 million each in damages.
“He embarrassed us publicly,” Fronek said of Tomczak. “I just feel he abused his power.”
Tom Dwyer, the assistant state’s attorney named in the lawsuit, declined to comment Thursday, saying he had not yet seen the lawsuit.
Tomczak also would not speak on particulars of the case. But he suggested that he would make an issue of the basis for the original criminal charges.
“I think federal court will be a perfect forum to test the theory regarding the use of government property for personal or political reasons,” he said.
