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May 21, 2024

College of DuPage files Reply Brief of Appellants Hamilton, Mazzochi, Napolitano, and Bernstien

By Kirk Allen & John Kraft

On September 18, 2017

DuPage Co. (ECWd) –

Andrew Porter of DrinkerBiddle law firm has filed a Reply Brief in the Federal Court of Appeals in the Seventh District as lead counsel for the College of DuPage.  It is worth the read and appears to make it very clear, former COD Dr. Breuder has failed to meet the burden necessary to overcome a motion to dismiss on numerous counts.

“In Fall 2015, the legality of Breuder’s many contract provisions designed to tie the hands of future boards was not clearly established. In fact, to the extent any cases had considered the question, a long line of authority held that contracts like Breuder’s were void. Nor had the law clearly established that the opinions expressed by each of the Trustees (many of which were made in the run up to a very public and heated election) were defamatory. In light of this lack of clarity, the district court’s judgment should be reversed. Otherwise, the individual Trustees will be required to become the very “constitutional law scholars” this Court warned against. Levenstein, 164 F.3d at 351. Accordingly, and for all of the reasons stated herein, the Trustees each respectfully request that this Court reverse the judgment of the district court and dismiss Counts I, II, and VI against the Trustees.”



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  • Danni Smith
    Posted at 22:24h, 19 September

    I can’t download even with a cut and paste of the link in the address bar. Never had this with anything you sent before-even just watched the last Wheeling court meeting by people who think they are all King Henry the 8th.

    • Danni Smith
      Posted at 13:31h, 20 September

      Thank you-whatever you did or the computer oracles made all the difference.

  • Danni Smith
    Posted at 14:31h, 20 September

    having read the brief-the real suit should be against all the instructors at Harper Community College and College of DuPage who gave a majority vote of approximately 80%, NO CONFIDENCE. Harper Taxpayers then HAD to give Breuder $500,000. to go away. And he did, starting 6 days later at College of DuPage. so no stigma attached to the decision made by a CoD Board to hire this clearly distained Breuder. Breuder has actually established a precedent for himself from Harper, that he can achieve employment even when his contract is terminated and is bought out after a NO CONFIDENCE vote. And now he wants Taxpayer’s $750,000. to go away. Great work if one can get it. Your resume could include: Sub-standard performance achieving great financial gains. No defamation here-Breuder, you have great, (had) some connections willing to overlook what many thought of you-many. And that number grows. You will never achieve any of your claims. I anticipate you will soon join the ranks of the LincolnWay Principal followed by Barbara Byrd Bennett’ new employment, likely a laundry or sink.