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Illinois Law Provides Discretion to Municipalities on Attorney Fee Indemnification for Officers

Illinois Law Provides Discretion to Municipalities on Attorney Fee Indemnification for Officers

The Seventh Circuit Court of Appeals held that Illinois law gives local public entity discretion in deciding to indemnify police officers for attorney’s fees associated with an award of compensatory damages.

The award came in an appeal by the city of Chicago. At issue was a 42 US § 1983 action alleging officer Matthew O’Brien used excessive force against Robert C. Winston in 2010 by repeatedly tasering and punching him while he was in handcuffs.

A jury found O’Brien liable for $1 in compensatory damages and $7,500 in punitive damages. The district court granted Winston $187,467 in attorney fees. Winston then moved for indemnification and a writ of execution against the city of Chicago. The district court granted the motion, and $90,777 in supplemental attorney’s fees. The City appealed.

The Seventh Circuit held 745 ILCS 10/9-102 contains plain language that provides municipalities “may pay” attorney’s fees. Winston argued The Collective Bargaining Agreement between the officers and the City requires indemnification, but the court found there were disputes on that point. Nonetheless, the statute gives the City discretion on the matter, which the court said it was bound to uphold.

In evidence was a letter from a police commander stating the CBA requires indemnification, but the court held that does not change the statute’s meaning. It was still unclear at the time of the ruling if the City would indemnify O’Brien for attorney’s fees. The statute required it to indemnify him for compensatory damages and prohibited indemnification for punitive damages.

The district court’s order was reversed. See: Winston v. O’Brien, 773 F.3d 809 (7th Cir., 2014).

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Related legal case

Winston v. O’Brien`