August 2007 Volume I, Issue I
CASES YOU SHOULD KNOW ABOUT
United States Supreme Court Cases
Terminating high-speed car chase by bumping the fleeing motorist is reasonable.
Scott v. Harris, 127 S.Ct. 1769 (April 30, 2007).
In a high-speed police chase, a police officer
bumped the plaintiff's car, causing the plaintiff to lose control and crash, leaving him a quadriplegic. The United States Supreme Court held the
officer's tactic was not an excessive use of force or an unreasonable seizure in violation of the Fourth Amendment. The Court held that
although the officer's action posed a high likelihood of serious injury or death for the plaintiff, the officer acted reasonably given the threat to
pedestrians, other motorists and other officers.
Statute of limitations for Section 1983 false arrest claims accrues on date of arrest.
Wallace v. Kato, 127 S.Ct. 1091 (Feb. 21, 2007).
In January, 1994, the Chicago police arrested the
plaintiff, a minor, for murder. He was convicted but the charges were dropped in April, 2002. In April, 2003, he filed an unlawful arrest claim under
Section 1983. The United States Supreme Court held the plaintiff's claim was time-barred by the two year statute of limitations for Section
1983
suits because the cause of action accrued at the time of his arrest in 1994, not when his conviction was later set aside.
Employers now have greater exposure to retaliation claims.
Burlington Northern & Santa Fe Railway Co. v. White, 126 S.Ct. 2405 (2006).
A female track laborer claimed that after she filed an
EEOC Charge alleging sex discrimination and retaliation, her employer retaliated against her by changing her job duties and suspending her for 37
days without pay. The United States Supreme Court held that employers may not use substitute ways of retaliating against an employee for filing an
EEOC charge, and clarified that certain actions could be retaliatory even though they did not result in a loss of pay.
Seventh Circuit Cases
Retaliation is actionable under Section 1981.
Humphries v. CBOCS West, Inc, 474 F.3d 387 (7th Cir. January 10, 2007).
The Seventh Circuit Court found that an employee who
alleged retaliation for protecting racial discrimination against another employee could sue under 42 U.S.C. 1981. Although Section 1981 does not
expressly address retaliation, the Court found retaliation claims under Section 1981 are actionable. In so holding, the Seventh Circuit overruled
itself in Hart v. Transit Management of Racine, Inc., 426 F.3d 863 (7th Cir. 2005), which had been previously read to foreclose
retaliation claims under Section 1981.
State Court Cases
School district in which minor student attended drug treatment center not entitled to tuition reimbursement.
Antioch Community High School Dist. 17 v. The Board of Education, Proviso Township High School
Dist. 209, 2007 WL 1345321 (2d Dist. May 4,
2007).
For three months, a minor student was a resident at a
juvenile alcohol and drug treatment center within Antioch School District's attendance borders. During the minor's stay, his mother resided within
Proviso School District's borders. Antioch School District sought reimbursement from Proviso School District for education services given to the
minor student. The Illinois Appellate Court held that because the minor was placed at the drug treatment center in Antioch's School District as a
condition of probation pursuant to the Juvenile Court Act, Antioch School District was not entitled to reimbursement from Proviso School District,
although the minor's parent resided within Proviso School District.
Willful and wanton standard applies to hazardous recreational activities like trampolining. Murray v. Chicago Youth Center et al, 224 Ill.2d 213, 864 N.E.2d 176 (Feb. 16,
2007).
A student suffered a spinal cord injury when using a
mini-trampoline during an extracurricular tumbling program at school sponsored by the Chicago Board of Education. The Illinois Supreme Court held the
Board of Education was not entitled to immunity under Section 2-201 (discretionary immunity) or Section 3-108 (supervisory immunity) of the Tort
Immunity Act. Rather, the more specific Section 3-109 of the Act applied. Section 3-109 immunizes local public entities and employees from liability
in connection with hazardous recreational activities, including trampolining. However, Section 3-109 does not immunize willful and wanton
conduct.
Governments are immune from liability for failure to provide police protection or prevent crimes.
Desmet v. City of Rock Island, 219 Ill.2d 497, 848 N.E.2d 1030 (2006).
The plaintiff alleged that a motorist in Henry County
called the Orion Village Clerk reporting that a vehicle had just driven off the road near the Henry County and Rock Island County line, and giving a
general description of where the accident took place. The Village Clerk called a Henry County police dispatcher, who relayed the caller's information
to a dispatch center that served the Moline and East Moline police departments. That dispatcher contacted the Rock Island County Sheriff's Department
and reported the accident but no action was taken. That same day, the decedent's family called Rock Island County to report that the decedent was
missing. Three days later, the decedent and her vehicle were found in the area where the accident had been reported to have occurred. The Illinois
Supreme Court held that Section 4-102 of the Tort Immunity Act applied to grant immunity for the failure to provide adequate police protection
services. Police protection services include situations where the police are called upon to assist and locate motorists involved in vehicle
accidents.
POSSIBLE CHANGES IN THE LAW THAT MAY AFFECT
YOU
HB 0928: Rebuttable Presumption That Certain Ailments Relate to Firefighter's Job.
Under HB 0928, emergency medical technicians and
paramedics who have at least five years of experience will receive a rebuttable presumption that any impairment of health arising from any bloodborne
pathogen, lung or respiratory disease or condition, heart or vascular disease or condition, hypertension, tuberculosis, cancer, hernia or hearing
loss
arises out of and in the course of the employee's employment. The condition would also be rebuttably presumed to be causally connected to the hazards
or exposures of employment. This bill passed both houses and has been sent to the governor.
SB 1553: Change in Downstate Firefighter Disability Pension Process.
SB 1553 would amend the downstate (non-Chicago) fire
pension statute. The law would provide the three physicians' opinions required for a determination of disability need not agree as to the existence
of a disability or the nature and extent of the disability. The law would further provide that no physical or mental disability that constitutes the
basis of an application for disability benefits may be used to discharge a firefighter, emergency medical technician or paramedic. Upon proof
that a firefighter has recovered from disability, the board would terminate the disability pension and the municipality would be required to
immediately return the firefighter to its payroll. This bill passed both houses and has been sent to the governor.
SB 1475: Definition of Catastrophic Injury Under Public Safety Employees Benefits Act.
SB 1475 would add a definition of catastrophic injury to the Public Safety Employees Benefits Act,
defining it as: "a grievous or serious injury or impairment of a nature that is sufficient to permanently preclude the injured employee from
performing any gainful work." The bill would also permit an employer to require an employee to submit to examination by up to three licensed
physicians. This bill is in its third reading in the senate committee.
Public Act 095-0003: Amendment to Wrongful Death Act to Allow Award of Damages for Grief, Sorrow, and Mental Suffering.
Public Act 095-0003 (enacted by the General Assembly as
HB 1798) amended the Wrongful Death Act (740 ILCS 180/2) to specifically allow a jury to award damages for grief, sorrow, and mental suffering to the
surviving spouse and next of kin of a deceased person when they sue for wrongful death. The added language applies to causes of action accruing on or
after May 31, 2007. Public Act 095-0003 was enacted by the General Assembly as HB 1798 and became law on May 31, 2007.
SB 1296: Providing That Apportionment of Fault For Joint Liability Under Code of Civil Procedure Applies Only to Parties Remaining In Case
When Liability Imposed.
SB 1296 would change Section 2-1117 of the Code of Civil
Procedure (735 ILCS 5/2-1117) to specify that where joint liability is imposed, the apportionment of fault would only apply to the parties still
remaining in the case after liability is imposed. Apportionment would not apply to defendants that had been dismissed for any reason, including
settlement. This bill is in its third reading in the senate committee.
HB 0511: Defining As Public Record Only That Portion of a Settlement Agreement That Shows The Total Amount of Money To Be Paid or Value of
Other Agreement.
HB 0511, as it was passed by the House on May 3, 2007,
would amend the Illinois Freedom of Information Act to include in the definition of "public records" only that portion of a settlement agreement
entered into by or on behalf of a public body that shows the total amount of money to be paid or financial value of any other agreements in the
settlement (if the information is not otherwise exempt under the Act), as well as the amount of money expended by or on behalf of the public body for
the prosecution, defense, or settlement of the litigation. The bill as originally proposed would have made the entire settlement a public record, but
a House amendment significantly limited the portion of settlement agreements that would be considered public records. This bill is in the senate
rules committee.
2007 RISK MANAGEMENT SEMINARS AND
EVENTS
Dealing with Library Employment Liability Issues
Thursday, October 11, 2007
Margaret Kostopulos, Darcy Proctor
Springfield, Illinois
At North Suburban Library System:
The Minefield of Lawsuits for the Unprepared
Wednesday, November 14, 2007
Margaret Kostopulos, Darcy Proctor
Wheeling, Illinois
At Metro Library System:
Employment Liability Issues of your Library
Thursday, November 15, 2007
Margaret Kostopulos, Darcy Proctor
Burr Ridge, Illinois
Editors: Thomas G. DiCianni and Lucy B. Bednarek
Contributors: Lucy B. Bednarek and Jody Knight
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should not be considered a substitute for legal advice. Be sure to
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