County Settles Case Against Sheriff’s Department for Violating Dr. and Mrs. Jerome Pavlin’s Fourth Amendment Search Protections
You may remember that McHenry County Sheriff’s Department deputies were found by Federal Judge Frederick Kapola to have violated the U.S. Constitutional rights of Dr. Jerome and Carla Pavlin.
The Fourth Amendment to be specific.
Here’s what that part of the U.S. Constitution says:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
He made that finding in his decision to allow major parts of the case to go to trial.
The Sheriff’s Department’s attorneys appealed the decision, but that motion to reconsider was denied.
They entered the couple’s home on March 14, 2008, without a search warrant and hurt both husband and wife.
And who was arrested?
This is the case in which information supplied by Zane Seipler, which he heard before he was fired by Sheriff Keith Nygren, led McHenry County State’s Attorney Lou Bianchi to dismiss charges brought by the Sheriff’s Department.
This is also the case the State Police investigated, finding nothing amiss. The State Police did not interviewed the Pavlins or Seipler. Seipler was listening over the radio to the incident.
“I can tell you my clients are happy with the settlement,” winning attorney Louis Meyer said.
“As the record stands the Deputies violated the Pavlins’ Fourth Amendment Rights to be free from unreasonable searches. There is a Federal Court Decision that states that.
“The Deputies will now all have that decision out there in the public where the Judge ruled they violated the Pavlins’ constitutional rights.
“This was a large settlement in my opinion.”
Settlements were reached with both Carla and Jerome Pavlin.
Mrs. Pavlin will get $200,000.
Mr. Pavlin $100,000.
Chicago Tribune reporter Bob McCoppin broke the story and found that local taxpayers only have to foot $100,000.
As of mid-June, 2011, the legal fees only exceeded that amount.
The rest is paid by an insurance policy.
No admission of liability on the part of any of the defendants, of course.
The defendants were
- McHENRY COUNTY
- KEITH NYGREN
- JEREMY BRUKETTA, Star 1909
- KYLE MANDERNACK, Star 1726
- TREVOR VOGEL, Star 1773
- CHRISTOPHER JONES, Star 1877
- RYAN LAMBERT, Star 1941
- GREG PYLE, Star 1672
- DAVID SHEPHERD, Star 142
You can read a summary of the case here.
The County summarizes it like this:
“Plantiff alleges false arrest, excessive force, failure to intervene, illegal search, of home civil conspiracy, malicious persecution.”
The case, as it was filed in July of 2009 is here.
You can read the settlement with Carla Pavlin below:
Dr. Jerome Pavlin’s settlement is below: