City settles in excessive force suit [Jacksonville Journal-Courier, Ill.]

Oct. 08--A Jacksonville man is receiving $115,000 to settle his lawsuit against the city of Jacksonville and two of its police officers.

Raymond Wilson filed the civil action in October 2011 in federal court, alleging his civil rights were violated during a 2011 incident in which his leg was broken. The suit claimed officers Matt Martin and Chad Moore used excessive force.

By joint agreement, a motion to dismiss the suit was entered July 29.

The terms of the settlement were disclosed Monday after the Journal-Courier filed a Freedom of Information Act request with the attorney who handled the lawsuit on behalf of the city -- Nathaniel Schmitz, of the Torricelli & Limentato law firm in Champaign.

The parties agreed to have the lawsuit dismissed with prejudice, which bars Wilson from filing another case on the same claim, Schmitz said.

In consideration of the payment, Wilson and his attorney, Daniel Kiss, a partner with Meyer and Kiss in Chicago, agreed to release and discharge the defendants and the city's insurer, U.S. Specialty Insurance Co., from any and all past, present or future claims or causes of action connected with the incident.

There was no admission of liability by any of the defendants. Each party is to bear its own costs, expenses and attorney's fees, Schmitz said.

U.S. Specialty Insurance settled the lawsuit with Wilson after the parties engaged between April and May in court-sponsored mediation coordinated by U.S. Magistrate Judge Byron Cudmore.

"We really don't have a say-so as to whether or not the case is settled by the attorneys. The insurance company has the last say," Jacksonville Police Chief Tony Grootens said. "If it's cheaper to pay out than to fight it that's what they are going to do. If it was up to us we would fight them all."

Grootens maintains his officers did nothing wrong.

"I am absolutely convinced that they did nothing wrong and the FBI was convinced that they did nothing wrong as well, because in all of these cases that were investigated by the FBI the officers were cleared," Grootens said.

The settlement included a confidentiality agreement barring the parties from disclosing its terms, amounts and facts to anyone. However, Attorney General Lisa Madigan's office has determined in other similar cases that amendments to the Freedom of Information Act provide that any settlement agreement entered into or on behalf of a public body that shows any money or anything of value gained is a public record and is subject to disclosure.

Wilson's right leg was broken July 5, 2011, and he was taken to Passavant Area Hospital and then to Memorial Medical Center in Springfield.

Officers accused Wilson of interfering with the investigation of his girlfriend's car accident in the 800 block of East Lafayette Avenue and subsequently refusing to listen to orders. An officer went to place him under arrest and he allegedly resisted, so the officer took him to the ground and his leg was broken, the police department told the Journal-Courier shortly afterward.

Wilson was never charged with any crime in relation to the incident.

The lawsuit contended Wilson's right to be free from the use of excessive and unreasonable force was violated and the city was liable for its officers' actions and, therefore, liable for any judgments for damages in the case.

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