Believe the City? Or the Inmate?
- Three men who were pardoned from death row allege the City of Chicago isn't honoring a $14.8 million settlement on claims of police torture.The filing was submitted electronically Monday on behalf of Madison Hobley, Leroy Orange and Stanley Howard.
- Jennifer Hoyle -- who's a spokeswoman for the city Law Department -- said no settlement was reached and any discussions between the parties are confidential.
First of all, if the City didn't try to settle every damn case that came their way, we'd have a lot fewer problems. But again, Corp Counsel doesn't exist to win cases for the City - Corp Counsel exists to provide jobs for a lot political hacks who couldn't get honest employment elsewhere (and your odd lawyer who actually tries to do the right thing - but they're hidden in the basement).
But then you have Hoyle saying that settlement talks are confidential and nothing has been reached. As a party to a couple of settlements told us, when lawyers make a play like this, they're risking quite a bit - they want to force the City's hand but they also risk alienating judges, juries and the aforementioned Corp Counsel who they have to deal with.
Maybe this is a ploy by the City? Offer all sorts of settlements and then refuse to pay as everything negotiated is "confidential"? Or delay paying so as to have the opposition "violate" the terms of agreement and then negotiate lower? Anything to save a buck or avoid actually having to appear in front of a judge we suppose.
But then you have Hoyle saying that settlement talks are confidential and nothing has been reached. As a party to a couple of settlements told us, when lawyers make a play like this, they're risking quite a bit - they want to force the City's hand but they also risk alienating judges, juries and the aforementioned Corp Counsel who they have to deal with.
Maybe this is a ploy by the City? Offer all sorts of settlements and then refuse to pay as everything negotiated is "confidential"? Or delay paying so as to have the opposition "violate" the terms of agreement and then negotiate lower? Anything to save a buck or avoid actually having to appear in front of a judge we suppose.
posted by SCC at 8:04 AM
30 Comments:
Off Topic but timely,
I am going to vote today, at least it will be early if not often.
I am going to vote for WALLS for Mayor and SOPASTO for 36th Ward Alderman.
I strongly suggest everyone out there vote similarly. Vote for WALLS, not Brown (too close to Eugene Pincham) or write in Fitzgerald, SCC or anyone else.
Don't vote for ANY sitting Alderman, especially if he/she was anointed by Daley.
SCC don't know if you have ever had the pleasure of being the subject of a lawsuit, i've had more than five and can tell you from experience that the Corp Counsels Office, while ultimately trying to limit the city and us taxpayers liability in the name of payouts, is ultimately trying to protect us from punitive damages. If anyone has been watching the news they will notice that juries are increasingly ruling against the police in all litigation, civil and criminal; the police are not to be believed in there eyes; couple that with adverse rulings like the one in the recent civil case from the shooting in 006 involving the paraplegic gang banger and last but not least the CSI factor that is so prevelent these days and you have a recipe for disaster. The city must pay experts to refute all the CSI garbage that people believe is gospel after watching an episode, depose everyone involved at around $2000 a pop, then try to move on after good evidence in favor of us and the city gets excluded. It is easier to offer a settlement limiting the payout and protecting us from punitive damages that the city CANNOT cover if they lose the case. I'm not a big advocate of this but understand it. I'd rather see the city give a few bucks and not us. I'n a perfect world they wouldn't get a dime but you know how that goes..... shyster lawyers and liberal juries put too much at stake.
The city will pay as usual the law department is a joke! Guess the city has enough monies to give the animals we arrest but nothing for our underfunded pensions and nothing for retiree health care! But then again daley would not get his huge kick backs from his friends for contracts!
Off topic...what's the link to the "official" CPD blog? I need a few good laughs. Thanks
As a PPO it really sadens me to read all the comments about the demise of the department. I have already seen bosses that have clearly made it there because of their political ties or the color of their skin.
Sadly I don't believe there is anyway way to stop this liberal downward spiral the department is taking and have already come to the conclusion that on this job you need to do what you like doing (not what you think others want you to do). By that I mean if you actually enjoy locking up the bad guy, do it, but you can't do it because you think you will be rewarded for it (receiving a honorable/paper award is not the career awards I'm talking about). Get what you can out of this job and go home to friends/family. The guys that only work for the 1st and the 16th or "dogs" are the guys that appear to me to be the happiest. Personally that is not how I want to live my life, but there is something to be learned from them.
The thin blue line I always heard about growing up seems a little fragmented to me. The bulk of the responsibility for this belongs to the head bosses and is up to them to fix that line and keep us united. Sadly they are the ones holding the jack hammers.
Okay, all at once " get use to it kid". Guess I just needed to vent a little from my first burn for trying to do the "right" thing.
Madison Hobley if I recall, killed about 7 people in an Arson--some of which were his family. A witness puts him at a gas station buying a can of gasoline late at nite--but lets give him a few mill. Im so glad I retired--God help you young guys.
The last thing you want if you get sued while under the employment of the police department is a jury trial. If it gets to that point it is entirely up to the jury what the compensatory damages will be and what if any the punitive damages will be. By law, the city cannot pay the punitive damages. You personally have to pay. So lets say the suit is going for $100,000. Let's say the jury finds against the city/you and awards them the 100 grand and then, simply because they thought you were a cocky asshole on the stand decide to hit you with punitive damages of $85,000. Who gives a fuck if "it's the principle of the thing". I never want my family's financial future in the hands of an Illinois/Cook County jury. Let the city settle all they want. I for one am thankful they do and when you sit and think about it, you will be too.
What the corp counsel need to do is to allow several of thses civil suits to go through allowing for liabilities against the individual Officers...... then maybe some will wake up and realize, unfortunate as these civil actions are the individual copper has historically been spared
OFF THE TOPIC, I WILL VOTE FOR FRITZGERALD FOR MAYOR BUT I AM VOTING FOR BANKS FOR 36TH WARD ALDERMAN, A GOOD PERSON AND IS PRO-POLICE,
SEISER ALSO ENDORSE BANKS FOR ALDERMAN EVEN THOUGH HE LIVES IN THE 41TH WARD.
I agree that a lot of you including SCC simply don't understand how the system works. You want to pray that the City, first of all is not allowed to get out from under liability for your actions while working and secondly, that the City settles the case before trial. If the City is able to get out of defending you on the basis that you were not acting pursuant to Dept. policy, etc., when the incident occurred, then the City doesn't have to provide your defense or pay the judgment. Just how many of you are so convinced that your actions are 100% correct that you'd be willing to pay for your own defense (minimum retainer is $50-100K), and willing to pay any judgment, punitive or otherwise when a Judge/Jury rules against you. You'd be praying for a settlement that left you will enough money to buy gas for your car and feed your kids.
Think about it!
Police should not be held accountable for punitive damages. They are private citiens taking the flak from private citizens. who despise law and order in cook county, and are making a public statement vs a private guy.
What the corp counsel need to do is to allow several of thses civil suits to go through allowing for liabilities against the individual Officers...... then maybe some will wake up and realize, unfortunate as these civil actions are the individual copper has historically been spared
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Forget prison, just let criminals be slaves to non-criminals. I can sue people after a convicted of a crime and if they can't pay-then what. There family owes me money.
How about suing the people who ruin entire parts of cities.
State law needs to be changed so that the individual police officer can not be personally held liable for punitive damages. Only when this is changed can our city or any other effectively pursue these cases in court.
Hey all you young bloods check this out: Are you better off renting or owning???
This calculator compares the cost of owning a home relative to renting for a potential new homeowner. The Housing Cost Calculator reports the "Net Cost of Owning" -- the expected amount of additional cash available to a renter compared to the amount available to a homebuyer who buys a home today and sells the home at a specified time in the future. The calculator takes into account the unprecedented run-up in real home prices since 1997.
Center for Economic and Policy Research
Banks will win and the word is that he will reitre in mid-term to allow Richie to appoint another alderman.
Maybe his nephew, real estate developer James Banks take over. James Banks of the firm Sergio-Banks is flooding the ward with condos. Our neighborhoods are starting to get crowded and traffic is getting worse. But the Banks family is laughing all the way to the bank.
Don't vote for any sitting alderman.
I was told by corp counsel that ONLY Federal lawsuits can award punitive damages.
In addition, ask around....A $1 mil umbrella policy is cheap. Our line of work it is stupid not to have it.
Anyone see the channel 9 news tonight at 9? Funny shit alderman brian doherty leaving a bar, then driving possibly drunk! Then this assclown is on tv trying to tell the reporter "Hey If I only have 6 drinks I am not drunk". He could not even speak straight sounded drunk again as usual if you elect him at least you will have OTIS from the old andy griffith show in the clown council! He said it was on You Tube but I could'nt find it!
CONGRATULATIONS,DONALD MARKHAM!!! NICE JOB ATTEMPTING TO SMEAR ALDERMAN BRIAN DOHERTY WITH YOUR HOMEMADE HALFASS VIDEO OF HIM DRIVING HIS AUTOMOBILE HOME. DID YOU FEEL GOOD DIMING HIM OUT TO THE WHORE MEDIA??? FUNNY THING IS YOU HAD NOTHING ON THAT TAPE TO BEGIN WITH. IF HE WAS DRUNK LIKE YOU INFERRED IT IS DUTY AS A POLICEMAN TO HAVE LOCKED HIM UP. HE WASN'T AND YOU DON'T HAVE THE BALLS ANYHOW. I HATE THE PUSSY RAT COPPERS ON THE JOB THESE DAYS.
YOU'RE A WORTHLESS FUCK AND ALL THE COPPERS I KNOW ARE SUPPORTING BRIAN 100%. HE IS THE ONLY REPUBLICAN ALDERMAN IN THE CITY COUNCIL AND HE ALWAYS SUPPORTS THE POLICE AND FIREMAN.
BRIAN DOHERTY IS VERY APPROACHABLE AND COMPLETELY DOWN TO EARTH. I KNOW HE WILL BURY YOUR ASS NEXT TUESDAY. I HOPE YOU GET THE LARGEST BRICK ON EARTH PLACED ON YOUR WORTHLESS ASS.
MARKHAM YOU ARE NOTHING BUT A TRICKBAG ASSHOLE. DO YOU VIDEOTAPE YOUR FELLOW OFFICERS FOR BLACKMAIL??? ARE YOU THE OFFICER CLAIMING TO HAVE VIDEOTAPED THE DICS IN AREA THREE?
WHAT GOES AROUND COMES AROUND MY FRIEND, YOU ARE A CLASS A PIECE OF SHIT...NOTHING WORSE THAN A TRICK RAT BASTARD, FELLOW OFFICERS FUCK THIS PIECE OF FILTH...VOTE DOHERTY!!!
AS FOR ALDERMAN PATRICK LEVAR IN THE 45th WARD, HE IS ALSO A STRONG SUPPORTER OF THE POLICE AND FIREMEN.
HIS OPPONENT, TERY BOYKE, HAS BEEN UTILIZING HIS CLOUT WITH THE CITY TO OBTAIN ZONING VARIANCES FOR BUILDERS AND DEVELOPERS IN THE WARD, CREATING A GLUT OF MULTI-UNIT BUILDINGS ON LOTS THAT WERE FORMERLY ZONED FOR SINGLE FAMILY HOMES. THIS HAS BEEN A TOTAL BLIGHT UPON THE WARD. BOYKE IS IN THE POCKET OF THESE GUYS DOING ALL THEIR BIDDING AND DESTROYING THE NEIGHBORHOOD.
BOYKE IS ALSO ANOTHER RAT TRICKBAG DRIVING AROUND AT NIGHT STEALING SIGNS AND INTIMIDATING RESIDENTS. VOTE FOR LEVAR MY FELLOW BROTHERS A PROVEN DEFENDER OF POLICEMAN AND FIREMAN.
I HAVE BEEN ON THE JOB FOR ALMOST 20 YEARS HAVE NO CLOUT AND CALL THINGS THE WAY I SEE THEM. WE AS PO's HAVE ENOUGH ENEMIES OUT THERE, I HAVE AND WILL ALWAYS SUPPORT THOSE WHO SUPPORT US. WE NEED FRIENDS IN THE CITY COUNCIL OUR CONTRACT IS COMING DUE.
RANT OVER, STAY BLUE AND TRUE
I tried your housing calculator and and its makes no sense to me. Nice idea though.
Anonymous said...
Off Topic but timely,
I am going to vote today, at least it will be early if not often.
I am going to vote for WALLS for Mayor and SOPASTO for 36th Ward Alderman.
I strongly suggest everyone out there vote similarly. Vote for WALLS, not Brown (too close to Eugene Pincham) or write in Fitzgerald, SCC or anyone else.
Don't vote for ANY sitting Alderman, especially if he/she was anointed by Daley.
2/20/2007 09:11:00 AM
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WALLS wants to put a moratorium on condo developments/conversions.
WALLS wants to enact a City Ordinance to force subsidized housing in EVERY neighborhood in the city.
He stated on talk radio this morning that his goal to to de-segragate our city.
By stopping condos and only allowing apartments, his goal is to have appr 20% rental to UNDER-PRIVILEGED citizens (paid for by govt funds).
He also stated the only ones to fear this idea are racists.
I AM NOT RACIST BUT I DO WORK HARD AT 2-3 JOBS TO ENSURE MY WIFE AND CHILDREN CAN LIVE IN A SAFE, CLEAN, AND QUIET NEIGHBORHOOD.
VOTE FOR WALLS IS DUMBER THAN VOTING FOR OUR CURRENT MAYOR
USE YOUR HEAD WHEN VOTING THIS YEAR, WE KNOW WHAT HE HAVE NOW, WE DONT KNOW WHAT MIGHT TAKE OVER
IN DALEY WE TRUST. as much as we like to bitch about hizoner take a long look at hiz competition nuff said. also its corporation dumpster not corporation consel this is where the average law grads are employed public defender office for the dumb ones get the picture
too funny.
East Garfield Park is the New Frontier!
TO 2/20/2007 04:52:00 PM,
I hope that you have the first lawsuit that they let go, but it's gotta be hard to get a lawsuit hiding in the review office. Jagoff!
To the housing calculator guy, thanks, you've answered my questions for now.....guess I'll keep renting.
As for the election, Damned if you do, damned if you don't and, well, just damned anyway.....glad I spent all those years in the Army to protect these flakes.
And completely off topic, Cotton candy, sweet and low, let me see your tootsie roll.
The last thing you want if you get sued while under the employment of the police department is a jury trial. If it gets to that point it is entirely up to the jury what the compensatory damages will be and what if any the punitive damages will be. By law, the city cannot pay the punitive damages. You personally have to pay. So lets say the suit is going for $100,000. Let's say the jury finds against the city/you and awards them the 100 grand and then, simply because they thought you were a cocky asshole on the stand decide to hit you with punitive damages of $85,000. Who gives a fuck if "it's the principle of the thing". I never want my family's financial future in the hands of an Illinois/Cook County jury. Let the city settle all they want. I for one am thankful they do and when you sit and think about it, you will be too.
$58,000? juries have been awarding in the range of over $1,000,000 in punitive like they are passing out candy, let them settle.
1 word: indemnfication.
I am the one who said I am voitng for WALLS. I know Daley will win, I know Banks will win.
What I was saying by that vote is that voters in white areas, especially city employees, once the mainstay of the Democrats, are tired of Richie's bullshit and when the right candidate comes around will vote for him/her like we voted for Jane Byrne.
To the housing calculator guy, thanks, you've answered my questions for now.....guess I'll keep renting.
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same here. not worth it to buy right now.
the calc is slightly off because of the area it considers. The Chicago RE market also includes Naperville and Joliet and every ghetto inbetween.
Anonymous said...
Hey all you young bloods check this out: Are you better off renting or owning???
This calculator....
Center for Economic and Policy Research
2/20/2007 07:44:00 PM
That is a good idea. However, the real estate market fluctuates and the calclulator cannot guage that.
Slightly off topic, but while on aggressive patrol at 73/Stony, I saw a billboard that is hilarious. Some lawyer posted a billboard specializing in DUI, CRIMINAL, and DRUG cases. Have you been arrested? Did the po-lice put a case on you, are you in violation of bail bond? If so call 1-800-defense (can't remember exact number but it was something like that)....too funny!
The best one i've seen says: beat your case," so much for taking responsibility for your actions... just try to beat yo case!
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