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Tinley Park Police K-9 Handler's Attorney: 'I Know we Have a Case'

An attorney for an officer who's suing the village for overtime pay is busy putting finishing touches on a response to Tinley's motion to dismiss the suit. It's due Monday. Be sure to take our poll below and tell us what you think about this case.

An attorney representing the 's  is confident the court will not dismiss his client's lawsuit. 

The has filed—and renewed—a motion to dismiss the litigation . His attorney, David Stevens, said he will respond to the motion this coming Monday, Jan. 30.

"The motion filed by the village is challenging the legal merit of this case," Stevens said Wednesday. "We're confident that we are going to defeat their motion to dismiss and at that moment, we can move forward with this case."

Diorio is trying to collect money he says he's owed for the time he spends caring for the department’s service animal, Thor.

He’s seeking two to three years worth for the time he spends with the pup outside of his regular work hours, though Stevens hasn't said what that amounts to. 

The village pays Diorio a $2,000 stipend on top of his $83,096 salary for being the K-9 officer, according to village documents. Mayor Ed Zabrocki has said that last fiscal year, he was also reimbursed with nearly $1,500 for pet food and supplies.

"He's claiming he's not paid and we're saying he is paid," said the village's attorney, Jim Fessler, when asked why he wants the case dismissed. "We don't believe he's filed a legally recognizable cause of action."

The village will have three weeks from Stevens' response to reply, pegging the due date at Feb. 20. The court will then issue its ruling on the motion which "could take anywhere from three days to three months," Stevens said.

"If the court grants the motion, it's done," Stevens said. "But we are confident that won't happen. … Frankly, I can't wait until this has been dealt with so we can move forward on the merit and actual substance of the claims."

Stay with Patch for more coverage of this lawsuit. If you'd like us to let you know when we publish more info about it, click the green "keep me posted" button immediately below this story.

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Ed January 27, 2012 at 01:25 PM
This greedy loser should be fired. He's a disgrace to the police department and all of the citizens of Tinley Park.
mr.joe January 27, 2012 at 02:26 PM
hope he wins a million dollars.. everyone needs to go to www.tinleysparks.com.. this site tells you how the village spends your tax dollars.
Carol De January 27, 2012 at 02:39 PM
This officer is a disgrace to the fine Police Dept of Tinley Park. He made a far above average wage for his job (a job some people would do for half the price) + he recieved the stipend for the extra things. Give me a break. This guy needs to go sweep floors somewhere for minimum wage!
Resident January 27, 2012 at 03:33 PM
Unbelievable. The man does not deserve the companionship of this dog. Fire him! The dog deserves so much better than this!
D Greg January 27, 2012 at 03:45 PM
Good for him! More work should mean more money. That's the American way!
Russ January 27, 2012 at 04:05 PM
Why wasn't a protest filed 2 years ago,when Officer Bob felt he was not being adequately compensated for his extra duties with the dog?
D Greg January 27, 2012 at 04:10 PM
good point, Russ. I wonder what happened recently to cause this argument?
D Greg January 27, 2012 at 04:13 PM
the 'dog' deserves better?? Lol. Yes, resident, let's put the dog on the witness stand and see what it has to say!
D Greg January 27, 2012 at 04:15 PM
You better hope he doesn't pull YOU, over, Ed. BTW, do you own 'Ed & Joe's' Pizza? Cuz I noticed you give every other pizza joint in Tinley a one-star rating online. Hmmm..
Richard January 27, 2012 at 04:58 PM
people enough..... The bottom line is he agreed to the terms and conditions when he took the job hes just someone looking for something free....... People should be charged with attempting to commit fraud when they file bs cases like this i bet they wouldnt.............
Resident January 27, 2012 at 05:03 PM
I agree.
Resident January 27, 2012 at 05:05 PM
If he considers being the guardian of a dog "work" while he is at home with his family, then he doesn't understand what it takes to be a decent family man. The dog deserves to be living in a home with a family that considers the dog's companionship reward enough.
Resident January 27, 2012 at 05:10 PM
Yes, D Greg, the dog deserves better than a human guardian who considers it "work" to have a pet in his home. Humans who laugh at the thought that pets deserve better than to be treated as nothing more than an obligation, nothing more than a job, do not deserve to be guardians of an animal.
Mary Carumba January 27, 2012 at 06:13 PM
This guy needs a kick in the balls. Wait.... he doesn;t have any.
So There January 27, 2012 at 06:36 PM
D Greg, sounds like you don't have much use for dogs. This highly trained dog would give his life to protect his handler. I doubt his handler would do the same. This guy is just greedy.
So There January 27, 2012 at 06:37 PM
I think the Police department should give Thor to someone worthy of him.
bummed1 January 27, 2012 at 07:42 PM
Heck, cops now days make over $50000. I never did get to that in 40 years of work. He wants more? Hell, I'll do it for half. The lawyer knows he gets paid $200 (give or take, bet he takes) an hour. He'll drag it out and make his money. Cop should have never taken the dog, and should be disiplined...Whoops if he loses his job over this, here comes another lawsuit! Greedy people are what make America what it is today, I'm sorry to say. Wish I had a job. Then i could sue, too...
Patti Lavin January 28, 2012 at 11:09 AM
I'm embarrassed for this cop. Money brings out the ugliest in people! Must be a trait common with village employees.
Russ January 29, 2012 at 04:39 AM
Patti, Why do you want to put all village employees into the same category as Officer Bob?
Russ January 29, 2012 at 08:26 PM
Thanks,TP well said !!
Paraday January 31, 2012 at 10:25 PM
This is an outrage…. With all the police officers being laid off or cut for the amount we are paying him we can replace him and get 2 for the price of one with people that want to work…. This is a waist of our tax dollars and another stupid law suit!
Ignacio Steen March 22, 2012 at 03:58 PM
I hope that after he loses this frovolous case, Tinley Park PD fires him so he can go back to delivering pizzas at his uncle's place in Lansing. Why is this pig even still working for the Police Department ? Every day he is on the payroll is another day Tinley looks FOOLISH.

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