Judge tosses sexual harassment lawsuit against former top cop in Chicago, says evidence fell short

A federal judge Wednesday tossed a sexual harassment lawsuit which revolved around the 2019 scandal that led to the firing of former Chicago Police Supt. Eddie Johnson.

Officer Cynthia Donald had alleged that Johnson subjected her to unwanted sexual advances, abuse and harassment for more than three years while Johnson served as the city’s top cop. She said Johnson forced himself on her, sent her nude photos, made sexual comments and took advantage of his position of power.

But in a 20-page opinion Wednesday, U.S. District Judge Elaine Bucklo wrote that Donald’s evidence fell short and granted summary judgment sought by Johnson and the city.

“The basic problem with Donald’s claim is that virtually all the evidence of her conduct suggests that she welcomed and was an active participant in her relationship with Johnson,” Bucklo wrote.

The key question, Bucklo added, was how Donald’s conduct “would appear to Johnson.”

“The unfortunate reality is that relationships between supervisors and subordinates can be fraught,” Bucklo wrote. “It may well be that Donald in fact did not want or enjoy her relationship with Johnson. The problem is one of proof: she has not come forward with evidence from which a reasonable jury could find in her favor.”

The sexual relationship between Donald and Johnson began in the summer of 2016 and continued until at least 2018, the judge wrote. But their working relationship continued until the notorious visit by Johnson and Donald to Ceres Cafe on Oct. 16, 2019. Later that night, officers found Johnson asleep at the wheel of his car at a stop sign.

Pat Nabong/Sun-Times file photo

Then-Mayor Lori Lightfoot wound up firing Johnson. Donald came forward with allegations of misconduct against him amid an investigation by Chicago’s inspector general, Bucklo noted.

Donald argued that she acquiesced to Johnson’s sexual advances because she was intimidated by Johnson, prompting her to respond to him in friendly and affectionate ways.

“Johnson saw things differently,” Bucklo wrote Wednesday, adding, “to the extent Donald in fact did not want the relationship, Johnson asserts that she intentionally misled him into thinking she did.”

Both were married at the time.

Donald argued that she held her pants up when Johnson tried to pull them down during their first sexual encounter in summer 2016, Bucklo wrote. But the judge also noted that the first of three verbal warnings Donald gave Johnson didn’t come until 2018, when she told him to stop kissing her and “to stop the sexual conduct.” On another occasion she asked him to “just stop” and leave her alone while she dealt with problems between her and her then-husband.

In 2019, she asked Johnson to stop asking her what color underwear she was wearing, Bucklo wrote.

However, Donald admitted that she repeatedly told him she loved him and shared details of her personal life with him, Bucklo explained. She introduced Johnson to members of her family and organized a birthday party for him.

“Furthermore, there are multiple undisputed text messages exchanged between Donald and Johnson from 2017 through 2019 that paint Donald as an active, willing participant in the relationship,” Bucklo wrote.

Donald called Johnson “bae” and “handsome,” according to the judge. Donald wished him a happy birthday and Merry Christmas in 2017. The judge also pointed to sexually suggestive text messages sent by Donald to Johnson, and noted that Donald sent Johnson pictures of her underwear and parts of her body.

“The only evidence suggesting she did not want to send these pictures is when she asked Johnson in 2019 to stop asking for pictures of her underwear,” Bucklo wrote. And though Donald claimed that Johnson intimidated or even threatened her, Bucklo pointed to a text message Donald sent Johnson in 2018.

In it, Donald wrote in part, “I don’t know what’s going on in your personal space but whatever it is don’t come at me. I WILL NOT put up with weak a-- persons weaknesses. You deal with yo sh-- without unconsciously or consciously trying to make the situation out to be ‘I’m the man.’ That very well may be but it ain’t with me. So … we can do this the easy way and be cordial for the sake of work or not. You decide.”

“That message does not evince fear,” Bucklo wrote.