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Carver v. Sheriff of Lasalle County, Illinois

United States Court of Appeals, Seventh Circuit
Apr 9, 2003
324 F.3d 947 (7th Cir. 2003)

Summary

holding that “a county in Illinois is a necessary party in any suit seeking damages from an independently elected county officer (sheriff, assessor, clerk of court, and so on) in an official capacity”

Summary of this case from Olson v. Champaign Cnty.

Opinion

No. 00-1569.

Argued November 9, 2000. Question Certified March 15, 2001.

Decided April 9, 2003.

Appeal from the United States District Court for the Northern District of Illinois, Charles R. Norgle, Sr., J.

Andrew W. Levenfeld (argued), Levenfeld Associates, Chicago, IL, for Plaintiff-Appellant.

Gary R. Garretson, Morris, IL, for Defendant.

William C. Barasha (argued), Judge James, Park Ridge, IL, Keith R. Leigh, Leigh, Pool Fabricius, Ottawa, IL, for Appellee.

Before FAIRCHILD, EASTERBROOK, and MANION, Circuit Judges.


Margaret Carver and Randall Carmean hold a federal judgment for $500,000 as the result of a settlement in this case, which arises under 42 U.S.C. § 1983 and Title VII of the Civil Rights Act of 1964. The settlement was reached with the Sheriff of LaSalle County, in his official capacity (for Title VII covers "employers" and not agents). Because the Sheriff's Office lacks funds to pay the judgment, plaintiffs tried to collect from LaSalle County, which denied any obligation.

The district court agreed with the County's position, which left plaintiffs unable to collect their judgment. We asked the Supreme Court of Illinois to determine who is responsible for paying an official-capacity judgment against an independently elected county officer. See Carver v. Sheriff of LaSalle County, 243 F.3d 379 (7th Cir. 2001). The Supreme Court of Illinois accepted the certification and concluded:

under Illinois law a sheriff, in his or her official capacity, has the authority to settle and compromise claims brought against the sheriff's office. Because the office of the sheriff is funded by the county, the county is therefore required to pay a judgment entered against a sheriff's office in an official capacity. We further hold that this conclusion is not affected by whether the case was settled or litigated.

Carver v. Sheriff of LaSalle County, 787 N.E.2d 127, 141, 272 Ill.Dec. 312, 203 Ill.2d 497 (2003) (relying on 745 ILCS 10/9-102 in conjunction with 55 ILCS 5/4-6003 and 5-1106).

The Supreme Court of Illinois has our thanks for resolving this knotty and recurring question of state law. Its answer implies an additional point of federal law: that a county in Illinois is a necessary party in any suit seeking damages from an independently elected county officer (sheriff, assessor, clerk of court, and so on) in an official capacity. See Fed.R.Civ.P. 17, 19. Because state law requires the county to pay, federal law deems it an indispensable party to the litigation. Plaintiffs' complaint did name LaSalle County as a defendant, but the County sought and obtained dismissal. Having received from the court exactly what it wanted, the County cannot complain that, when the Sheriff settled the suit, it was in no position to object. But in the future counties must be named as parties and are entitled to remain in the suit, so that they may veto improvident settlements proposed (at their expense) by the independently elected officers.

The judgment of the district court is vacated, and the case is remanded for proceedings consistent with this opinion and the conclusion of the state's highest court. If LaSalle County does not promptly satisfy the judgment, the district judge should facilitate collection under Fed.R.Civ.P. 69.


Summaries of

Carver v. Sheriff of Lasalle County, Illinois

United States Court of Appeals, Seventh Circuit
Apr 9, 2003
324 F.3d 947 (7th Cir. 2003)

holding that “a county in Illinois is a necessary party in any suit seeking damages from an independently elected county officer (sheriff, assessor, clerk of court, and so on) in an official capacity”

Summary of this case from Olson v. Champaign Cnty.

holding that “a county in Illinois is a necessary party in any suit seeking damages from an independently elected officer (sheriff, assessor clerk of court, and so on) in an official capacity”

Summary of this case from Liska v. Cook Cnty. Sheriff Thomas Dart

holding that "a county in Illinois is a necessary party in any suit seeking damages from an independently elected officer."

Summary of this case from Rodgers v. Dart

holding that "a county in Illinois is a necessary party in any suit seeking damages from an independently elected officer."

Summary of this case from Crockwell v. Dart

holding that under Illinois law, county is required to pay for a judgment entered against the county sheriff in his official capacity

Summary of this case from Klein v. Kane Cnty.

holding that county was a necessary party in seeking damages from elected officer in official capacity because county must indemnify under 745 ILCS 10/9-102 and other state statutes

Summary of this case from Alfano v. City of Spring Valley, Illinois

holding that Illinois county is a necessary party in any suit seeking damages from an independently elected county officer, such as a sheriff, in an official capacity

Summary of this case from Perez-Garcia v. Village of Mundelein

applying indemnification to judgments against elected officials

Summary of this case from Haag v. Cook Cnty.

In Carver v. Sheriff of LaSalle County., 324 F.3d 947 (7th Cir. 2003), the Seventh Circuit certified a question to the Supreme Court of Illinois "whether, and if so when, Illinois requires counties to pay judgments entered against a sheriff's office in an official capacity."

Summary of this case from Higgins v. Lake Cnty. Circuit Court Clerk's Office

In Carver v. Sheriff of La Salle County, 324 F.3d 947 (7th Cir. 2003), the Seventh Circuit certified as a question to the Illinois Supreme Court "whether, and if so when, Illinois requires counties to pay judgments entered against a sheriff's office in an official capacity.

Summary of this case from Passmore v. Josephson

noting that a county must pay any damages against a sheriff in his or her official capacity

Summary of this case from Treadwell v. McHenry Cnty.

In Carver v. Sheriff of LaSalle County, 324 F.3d 947 (7th Cir. 2003) ("Carver II"), the Seventh Circuit held that 745 ILCS 10/9-102 required a county to pay for a judgment entered against the county sheriff in his official capacity.

Summary of this case from Rodgers v. Dart

stating "a county in Illinois is a necessary party in any suit seeking damages from an independently elected county officer (sheriff, assessor, clerk of court, and so on) in an official capacity."

Summary of this case from Jones v. Dart

In Carver v. Sheriff of LaSalle County, 324 F.3d 947 (7th Cir. 2003) ("Carver II"), the Seventh Circuit held that 745 ILCS 10/9-102 required a county to pay for a judgment entered against the county sheriff in his official capacity.

Summary of this case from Rodgers v. Dart

stating that, in Illinois, a county is "a necessary party in any suit seeking damages from an independently elected county officer (sheriff, assessor, clerk of court, and so on) in an official capacity"

Summary of this case from Burris v. Cullinan

In Carver v. Sheriff of LaSalle County, 324 F.3d 947, 948 (7th Cir. 2003) (" Carver II"), the Seventh Circuit held that a county in Illinois is a necessary party under Federal Rule of Civil Procedure 19(a)(1) in any suit seeking damages from an independently elected county officer, such as a sheriff.

Summary of this case from Aleman v. Dart

stating that, in Illinois, a county is "a necessary party in any suit seeking damages from an independently elected county officer (sheriff, assessor, clerk of court, and so on) in an official capacity"

Summary of this case from Winfrey v. Walsh

In Carver, former employees sued a county sheriff in federal court for discrimination under Title VII and 42 U.S.C. § 1983.

Summary of this case from Griffith v. Pepmeyer

stating that, in Illinois, a county is "a necessary party in any suit seeking damages from an independently elected county officer (sheriff, assessor, clerk of court, and so on) in an official capacity"

Summary of this case from Winfrey v. Walsh

In Carver v. Sheriff of LaSalle County, Illinois, 324 F.3d 947 (7th Cir. 2003) (" Carver II"), the Seventh Circuit quoted Carver v. Sheriff of LaSalle County, 787 N.E.2d 127, 141 (Ill. 2003) (" Carver I"), in regards to a judgment against a sheriff or settlement of claims brought against a sheriff in his official capacity.

Summary of this case from Askew v. Sheriff of Cook County, Illinois

stating that "a county in Illinois is a necessary party in any suit seeking damages from an independently elected county officer (sheriff, assessor, clerk of court, and so on) in an official capacity" and that "[b]ecause state law requires the county to pay, federal law deems it an indispensable party to the litigation"

Summary of this case from Askew v. Sheriff of Cook County, Illinois

stating that "in the future counties must be named as parties and are entitled to remain in the suit, so that they may veto improvident settlements proposed (at their expense) by the independently elected officers"

Summary of this case from Askew v. Sheriff of Cook County, Illinois

In Carver v. Sheriff of LaSalle County, 324 F.3d 947, 948 (7th Cir. 2003) (hereinafter referred to as "Carver III"), the Seventh Circuit addressed § 9-102 as it pertains to counties and noted that counties are necessary parties in suits seeking damages from an independent county officer.

Summary of this case from DAVIS v. RENA

certifying the question to the Illinois Supreme Court and citing that court's ruling in Carver v. Sheriff of LaSalle County, 787 N.E.2d 127, 141 (Ill. 2003)

Summary of this case from Steidl v. City of Paris
Case details for

Carver v. Sheriff of Lasalle County, Illinois

Case Details

Full title:Margaret M. CARVER and Randall S. Carmean, Plaintiffs-Appellants, v…

Court:United States Court of Appeals, Seventh Circuit

Date published: Apr 9, 2003

Citations

324 F.3d 947 (7th Cir. 2003)

Citing Cases

Askew v. Sheriff of Cook County, Illinois

Ryan v. County of DuPage, 45 F.3d 1090, 1092 (7th Cir. 1995). In Carver v. Sheriff of LaSalle County,…

Rodgers v. Dart

Plaintiff has brought suit against Cook County and Sheriff Dart in his official capacity. See, e.g., Carver…