City of Chicago v. Winston, No. 14-1371 (7th Cir. 2014)
Annotate this CaseWinston sued under 42 U.S.C. 1983, alleging that Officer O’Brien used excessive force while detaining Winston at a Chicago police station, tasering him repeatedly and punching him while he was in handcuffs. Winston’s attorneys sought $ 20,000 in compensatory damages and an unspecified amount of punitive damages. The jury found that O’Brien was liable for $1 in compensatory damages and $7,500 in punitive damages. Winston then sought $336,918 in attorney’s fees under section 1988. The district court found that Winston’s “victory was real, not Pyrrhic,” that Winston’s attorneys could recover fees for all their requested hours but sought too high of an hourly rate, and granted a reduced fee award of $187,467. Winston filed a petition for indemnification and motion for writ of execution against the city. The district court concluded that the city was liable for the fees under the Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/9-102. The Seventh Circuit reversed. The language of the statute gives the city discretion in deciding to indemnify attorney’s fees associated with an award of compensatory damages, and the collective bargaining agreement with the police union did not convert it into a mandate to pay fees.
The court issued a subsequent related opinion or order on November 14, 2014.
The court issued a subsequent related opinion or order on November 14, 2014.
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