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Head-Butted Metra Conductor Had Just Returned To Work After 2012 Attack

CHICAGO (CBS) -- A Metra conductor who was injured Monday night, when he was head-butted by a passenger, had just returned to work in April, following another on-the-job assault in 2012.

In December 2012, Metra conductor John Smak was injured. His lawyer, Scott Sands, said a passenger threw a bicycle that hit the conductor in the back, and he needed reconstructive ankle surgery. Smak was off work for more than two years.

"So he had been back to work, say, in the neighborhood of two or three months, and then this happens," Sands said.

On Monday, 64-year-old Jack Kamysz allegedly head-butted Smak, and broke his nose, according to DuPage County prosecutors.

Sands said Metra needs more security.

"Some police presence, as a deterrent, is part of Metra's duty to provide its employees with a reasonably safe place to work," he said. "Police presence, security on the trains; it's clearly not a priority of Metra's. If you ask them and get them to tell you the truth, they'll tell you that."

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Smak has already filed one suit against Metra, and Sands said another is likely.

In a statement, Metra said, "We believe our trains are very safe, and this was an unusual and unfortunate incident. ... Unfortunately, we do not have the resources to patrol all trains at all times. Like all police departments, we do the best we can with the resources we have."

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