EAST ST. LOUIS – Franklin County wants former federal judge Patrick Murphy to discredit his former client Felicia Hill, who swears she didn’t agree to settle a claim over a jailer’s sexual assault for $75,000.
County counsel Joseph Bleyer of Marion asked U.S. Magistrate Judge Gilbert Sison for a hearing on Aug. 25, so Hill’s counsel could examine Murphy.
Bleyer claimed professional rules prevent Murphy from providing an affidavit to counter an affidavit Hill provided, unless the court holds a hearing.
“Without the opportunity to present testimony of G. Patrick Murphy, this court will be unable to make a determination of the credibility of each affiant,” Bleyer wrote.
Hill swore in her affidavit that she didn’t speak to Murphy about settlement and she wasn’t made aware of any terms of any settlement.
Jail superintendent Chet Shaffer assaulted Hill in 2019, while transporting her from his jail in Benton to Williamson County jail in Marion.
Murphy sued Shaffer and the county last June, claiming Hill requested review of the legality of her confinement and Shaffer intercepted her requests.
At a conference last September, attorney Megan O’Connor of Chicago introduced herself as Hill’s counsel and Murphy moved to withdraw.
Sison heard argument about a settlement and gave Bleyer 14 days to file a motion to depose Murphy and enforce the settlement.
Bleyer missed the deadline.
O’Connor amended Hill’s complaint in February, to name Sheriff David Bartoni as defendant and assert an indemnification claim against the county.
Bleyer moved to dismiss the indemnification claim, stating that the county previously agreed to settle.
Bleyer moved to depose Murphy in April, blaming the delay on an injury to Murphy’s wife and the virus.
He wrote that Murphy was available to proceed.
O’Connor responded that in Sison’s conference, Murphy stated on the record that the plaintiff hadn’t settled.
She wrote that the county “opted for full silence on the issue for six months while the plaintiff continued to incur litigation costs.”
At a hearing on June 11, Sison denied the motion to depose Murphy and set a July 14 deadline for an enforcement motion.
Bleyer filed it, conceding that Hill didn’t sign a release but claiming that a 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 in insufficient,” Bleyer wrote.
He claimed Murphy demanded $300,000, the county offered $50,000, and they agreed to settle for $75,000.
He attached a letter he sent to Murphy last Sept. 8, and attached his own affidavit about their conversations.
He claimed Murphy indicated the settlement was only as to the county and he would proceed with the claim against Shaffer.
He requested a hearing where both sides and Sison could examine Murphy without invading attorney client privilege.
O’Connor moved to withdraw on July 30, and Sison granted it.
O’Connor’s colleague Shawn Barnett, already on the case, opposed enforcement and attached Hill’s affidavit on Aug. 9.
He claimed Bleyer didn’t assert in his affidavit that he provided the Sept. 8 letter to Hill and he didn’t attach any response from Murphy.
Last August, Sison set trial for this October.
As of this Aug. 26, he hadn’t set a date.