EAST ST. LOUIS – Franklin County failed to prove it settled a rape suit for $75,000, U.S. Magistrate Gilbert Sison ruled on Feb. 3.
Sison denied a motion to enforce a settlement with Felicia Hill of Williamson County.
He relied on her declaration that, “At no time was I provided a copy of any proposed settlement agreement for this litigation.”
Franklin County claimed it settled through Hill’s counsel, former district judge Patrick Murphy of Marion, before Hill fired him.
The county claimed the agreement provided that Hill would continue pursuing claims against former deputy Chet Shaffer.
Sison, who had denied a motion from the county to depose Murphy last June, denied it again in his Feb. 3 order.
“While the defendant may indeed be prejudiced by not being allowed to present such evidence, the court has no authority to cast aside the attorney client privilege absent a waiver from Hill,” Sison wrote.
Murphy sued Franklin County, sheriff David Bartoni, and Shaffer for Hill in 2020.
He claimed she was handcuffed and shackled when Shaffer raped her.
He claimed the county incarcerated her for possession of Xanax when she had a prescription for it.
He claimed Shaffer interfered with her right to obtain review of her confinement.
He claimed the county negligently failed to supervise Shaffer.
Sison held a remote conference on Sept. 14, 2020, with Murphy appearing for Hill and Joseph Bleyer of Marion appearing for Franklin County.
They asked for a hearing in person, and Sison set it for Sept. 24.
On that date, Murphy and Chicago lawyer Megan O’Connor told Sison he would withdraw and she would represent Hill.
Bleyer said he’d move to enforce a settlement.
Murphy moved to withdraw on Sept. 25.
Sison granted it on Sept. 28, and O’Connor and colleague Shawn Barnett entered appearances for Hill.
Barnett amended the complaint last January and Bleyer moved to dismiss it on various grounds including the settlement.
He moved to enforce the settlement last July, claiming he and Murphy reached agreement on Sept. 4, 2020.
He claimed he set forth the terms in a letter to Murphy.
He claimed that after the first conference, he prepared a release for Hill to execute at the second conference.
O’Connor responded that Hill terminated relations with Murphy on Sept. 6, 2020.
O’Connor withdrew last June, leaving Barnett in charge.
His client prevailed, as Sison found nothing to establish that Hill received the settlement or agreed to it.
He found representation of a client does not automatically confer on an attorney authority to compromise or settle.
He found an attorney must receive express authority.
He found in the record a message from Bleyer to Murphy on Sept. 9, 2020, consisting of a Sept. 8 letter.
“There is no response or acknowledgement by Mr. Murphy agreeing to that summary,” Sison wrote.
“In fact there is no response at all.
“The court does not doubt defense counsel’s veracity or his version of events including his conversation with Hill’s former counsel.
“However, that is still not enough in this court’s view for defendant to meet its burden given what Hill says in her declaration.”
He found Hill executed no release and although it wasn’t required, “some outward manifestation of an agreement to settle the case must be shown.”
He set trial in December with discovery closing in July.
A day later he ordered mediation for two hours on June 26, with any further mediation to end by Aug. 9.
He ordered Barnett, Bleyer, and Shaffer’s counsel Terry Green of West Frankfort to select a mediator by March 3.
Green answered the original complaint but filed nothing else as of Feb. 6.