Carver v. Sheriff of La Salle County

787 N.E.2d 127, 203 Ill. 2d 497, 272 Ill. Dec. 312, 2003 Ill. LEXIS 13, 91 Fair Empl. Prac. Cas. (BNA) 29
CourtIllinois Supreme Court
DecidedFebruary 6, 2003
Docket91108
StatusPublished
Cited by121 cases

This text of 787 N.E.2d 127 (Carver v. Sheriff of La Salle County) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carver v. Sheriff of La Salle County, 787 N.E.2d 127, 203 Ill. 2d 497, 272 Ill. Dec. 312, 2003 Ill. LEXIS 13, 91 Fair Empl. Prac. Cas. (BNA) 29 (Ill. 2003).

Opinions

CHIEF JUSTICE McMORROW

delivered the opinion of the court:

This case is before us on a question of Illinois law certified by the United States Court of Appeals for the Seventh Circuit. 145 Ill. 2d R. 20. The certified question is:

“Whether, and if so when, Illinois law requires counties to pay judgments entered against a sheriff’s office in an official capacity. If [the Supreme Court of Illinois] believes that the answer depends on whether the case was settled as opposed to litigated, we would welcome treatment of that distinction as well.”

For the reasons that follow, we hold that under Illinois law a sheriff, in his or her official capacity, has the authority to settle and compromise claims brought against the sheriff’s office. Because the office of the sheriff is funded by the county, the county is therefore required to pay a judgment entered against a sheriff’s office in an official capacity. We further hold that this conclusion is not affected by whether the case was settled or litigated.

BACKGROUND

On April 14, 1994, plaintiffs Margaret M. Carver and Randall S. Carmean, former employees of the La Salle County sheriff’s department, filed a complaint in the United States District Court for the Northern District of Illinois against La Salle County, the La Salle County sheriffs department, and Anthony M. Condie, sheriff of La Salle County. The complaint alleged that the sheriff of La Salle County, Anthony Condie, engaged in sexual harassment, sex discrimination, deprivations of equal protection, and retaliation, in violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000(e) (1994)) and section 1983 of title 42 (42 U.S.C. § 1983 (1994)).

In June 1994, defendants La Salle County and the La Salle County sheriff’s department filed a motion to dismiss plaintiffs’ complaint. La Salle County contended that because the sheriff holds an independent office created by article VII, section 4(c), of the Illinois Constitution of 1970 (Ill. Const. 1970, art. VII, § 4(c)), the county had no control over the conduct or policies of the sheriff’s office and, therefore, the county could not be held vicariously liable for the alleged discriminatory conduct of Con-die. In addition, the La Salle County sheriffs department argued that because it was created within the office of the La Salle County sheriff, and because its powers and duties are exercised under the direction of the sheriff, it did not have a separate legal existence apart from the sheriff of La Salle County and was, therefore, “not a sue-able entity under Illinois law.”

On June 17, 1994, the district court granted the motion to dismiss filed by La Salle County and the La Salle County sheriffs department. The district court, however, also granted plaintiffs leave to file an amended complaint. On August 2, 1994, plaintiffs filed an amended complaint, and named, as the sole defendant, “Anthony M. Condie, Sheriff,” in his official capacity. The allegations and relief requested in the amended complaint were the same as in plaintiffs’ original complaint.

The parties proceeded with discovery, and the case was set for trial. On July 17, 1996, the district court summoned a prospective jury panel, and the parties appeared for trial. The court gave the parties a final break within which to discuss a settlement. The parties thereafter informed the court that they had reached a tentative settlement of the case and requested that the court enter a consent decree to reflect their agreement. The consent decree stated that “Defendant Anthony M. Condie, Sheriff of La Salle County has agreed to the entry of judgment against him” in the amount of $500,000 in compensatory damages for violations of title VII and section 1983. The parties informed the court that the sheriff was entering the decree in his official capacity and that the judgment was regarded as an obligation of the office of the sheriff of La Salle County. Pursuant to the provisions contained within the consent decree, the court clerk terminated the case, with the exception of issues arising out of the enforcement of the decree.

On August 30, 1996, the plaintiffs filed with the district court, and served upon La Salle County, a third-party citation to discover assets to determine whether the county was holding assets for, or on behalf of, the La Salle County sheriff.1 In response, La Salle County provided plaintiffs with the sheriff’s budget and a list of all funds appropriated to the office of the La Salle County sheriff by the county board. Plaintiffs thereafter determined that La Salle County held funds duly appropriated and authorized by law for the use and benefit of the La Salle County sheriff and that these funds were available for the payment of the judgment. On September 6, 1996, plaintiffs filed a motion with the district court requesting that La Salle County turn over to plaintiffs all funds appropriated to the office of the La Salle County sheriff through the end of the budget year of 1996, and that the court impose a judicial lien on all assets held by La Salle County that belonged to the office of the La Salle County sheriff. On September 27, 1996, over two years after it requested that it be dismissed from this case, La Salle County attempted to intervene in this matter by filing a motion to quash the citation and a motion to set aside the consent decree as void. La Salle County argued that because it was not a party to the consent decree, it was not bound by its terms. The county further argued that, in any event, the consent decree was void because Sheriff Condie possessed no authority to enter into the decree and to determine how county monies would be expended. The county concluded by alleging that “the consent decree was but a ploy between the plaintiffs and Sheriff Anthony M. Condie to place the entire burden of paying the judgment on the County of LaSalle, a non-party.”

On December 11, 1996, the district court entered an opinion and order denying La Salle County’s motion to declare the consent decree void. The court noted that La Salle County filed the motion to set aside the consent decree as an intervenor, yet the county neither presented the court with the proper motion to intervene nor requested leave of court to file an intervention motion. Accordingly, because La Salle County was not a party to the action, the court determined that it lacked jurisdiction to entertain the motion. Nevertheless, the court commented that it would have been disinclined to allow La Salle County to intervene, as the county did not show that the consent decree placed a legal obligation upon the county or affected its rights and interests. The district court, however, did quash the plaintiffs’ citation to discover assets. The court noted that, in their pleadings, plaintiffs had failed to address La Salle County’s motion to quash, and, therefore, the county’s argument stood unrefuted. The court agreed with the county that there was no evidence in the record that the county possessed any of the sheriffs assets that could apply to the judgment.

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Cite This Page — Counsel Stack

Bluebook (online)
787 N.E.2d 127, 203 Ill. 2d 497, 272 Ill. Dec. 312, 2003 Ill. LEXIS 13, 91 Fair Empl. Prac. Cas. (BNA) 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carver-v-sheriff-of-la-salle-county-ill-2003.