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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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Tinley Park 4 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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