The validity of the consent decree depends on whether the people who agreed to it had actual authority under state law to do so. State law suggests that others besides the Governor have that authority. The record does not show whether the department head had that authority. The case must be remanded to determine whether the settlement had been approved by anyone with authority to do so. The matter does not turn on the state's prior representations to the court that the department head had authority, though the court is not precluded from sanctioning the state in other appropriate ways for failure to produce a person with settlement authority as ordered. See: King v. Walters, 190 F.3d 784 (7th Cir. 1999).
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Related legal case
King v. Walters
|Cite||190 F.3d 784 (7th Cir. 1999)|
|Level||Court of Appeals|