EAST ST. LOUIS – Franklin County claims in U.S. district court that former judge Patrick Murphy agreed to a $75,000 settlement for client Felicia Hill, who alleges she was raped by former jail superintendent Chet Shaffer, before Hill discharged Murphy.
County counsel Joseph Bleyer of Marion moved to enforce the settlement on July 14, ten months after Magistrate Judge Gilbert Sison asked for the motion.
Bleyer blamed the delay on an injury to Murphy’s wife Patricia, and the virus.
He conceded that Hill didn’t execute a written release but claimed a written release is not a prerequisite to enforcement of an oral settlement.
“A party to a settlement cannot avoid the agreement merely because he or she subsequently believes the settlement is insufficient,” Bleyer wrote.
He asked for a hearing where Murphy would take the stand subject to examination by Hill’s new counsel.
Megan O’Connor and Shawn Barnett of Chicago represent Hill.
Murphy filed the complaint against Shaffer and Franklin County in June 2020.
Ten inmates had sued Shaffer in ten years, and four settled their claims.
Murphy claimed Hill requested review of the legality of her confinement and Shaffer intercepted her requests for the purpose of keeping her in jail.
Franklin County moved to extend time to answer, and Sison set a Sept. 4 deadline.
Shaffer’s counsel Terry Green of West Frankfort moved for an extension, and Sison set a Sept. 1 deadline.
Green asked for another extension at the deadline and Sison gave him a week.
Bleyer didn’t meet the county’s deadline or move to extend it.
On Sept. 8, Green met his deadline and Bleyer sent a settlement letter to Murphy.
Sison held a telephone conference on Sept. 14, and set another on Sept. 24.
O’Connor joined the second conference and Murphy told Sison he’d withdraw.
According to minutes of the event, “Attorney Bleyer will be filing a motion to enforce settlement within 14 days.”
Instead, six weeks past deadline, he answered the complaint.
He claimed Shaffer caused Hill’s damages, if any, and Hill couldn’t attribute his conduct to Franklin County.
O’Connor amended Hill’s complaint in February, to seek indemnification from the county and add sheriff David Bartoni and his office as defendants.
Bleyer moved to dismiss the claim against the county, claiming it agreed to settle with previous counsel.
He also asserted immunity for local government, claiming Shaffer didn’t act in furtherance of the county’s business.
In March, Barnett responded for Hill that Shaffer was on duty, driving a sheriff’s vehicle, wearing uniform and badge, and armed.
“Shaffer has since been criminally charged for this rape and others,” Barnett wrote.
He claimed the county had no support for a claim that it settled.
He wrote that its answer to the original complaint didn’t assert any defense concerning a prior settlement.
In April, Bleyer moved for leave to depose Murphy.
“There is no statute of limitations for motions to enforce settlement,” Bleyer wrote.
He wrote that on Sept. 24, there was discussion as to whether the case had been settled and the court allowed him 14 days to file an enforcement motion.
“Subsequent to the hearing, G. Patrick Murphy’s wife sustained a serious injury which has required his attention,” he wrote.
He wrote that the seriousness of the injury and the Covid pandemic precluded the scheduling of the deposition.
He wrote that Murphy was available to proceed with it.
O’Connor responded for Hill that the county opted for full silence on the settlement for six months while the case utilized precious judicial resources.
“This is a complete lack of diligence by the defendant resulting in financial prejudice to plaintiff,” O’Connor wrote.
At a hearing on June 11, Sison denied the motion to depose Murphy.
He set a July 14 deadline for an enforcement motion.
Bleyer delivered it and attached to it the letter he sent to Murphy last September.
He claimed it memorialized an oral settlement.
“An oral settlement agreement is enforceable providing that the terms of the agreement are reasonably certain and reasonably ascertainable from the acts and words of the parties,” Bleyer wrote.
Sison has set trial to start in October.