The Chicago Tribune headline on this violation of the Fourth Amendment includes the word “bungled.”
McHenry County–or at least its insurance company or risk management agency–got off the hook for the $100,000 deductible in its policy.
That was more than eaten up by attorneys’ fees before a $300,000 settlement was agree upon.
That settlement came after Federal Judge Frederick Kapala ruled that Deputies in the McHenry County Sheriff’s Department violated the illegal search and seizure protections provided by the Fourth Amendment of the United States Constitutions.
No search warrant had been issued before Department Deputies went into the home, searched it–including climbing the stairs to the second floor.
In a case reported by the Chicago Tribune today.
In the Chicago case, the Tribune titled the article
$565,000 award in bungled cop raid
The jury found, “…one officer at fault for a falsified warrant and two others responsible for the illegal 2007 search,” according to the article.
By settling the cases brought by Dr. Jerome and Carla Pavlin for $300,000 without a trial, perhaps the county saved its risk management agency money.
It also saved the deputies that took part on the raid possible personal penalties, such as were levied in the Cook County case:
- Officer Sean Dailey -$100,000
- Sgt. Salvatore Reina – $10,000
- former Lt. Dennis Ross – $5,000
And these guys didn’t injure two senior citizens, a situation that might have garnered jurors’ sympathy.
Seven McHenry County Sheriff Department Deputies were defendants in the Pavlin case.
A summary of the case and the first $118,000 in legal fees can be found here.
Pavlin’s were far to kind in accepting such a small amount… This was a million dollar case if there ever was one….
That being said, let’s hope the judge turned the file over the the US DOJ for followup.
I know secretaries who have gotten far more settlement money for having their male bosses telling them how nice they looked that day in her new dress.
What a joke this settlement was.
Oh, yea, I forgot, Keith said his deputies did ‘nothing wrong.’ So it must be true!
Pavlin’s’ attorney, the son of Nygren’s in house ‘shrink’ from Genoa City, Wisconsin should be disbarred for allowing his clients to have settled this case for such a small amount.
No conflict of interest there!!
Before all you Nygrenites go off half cocked, remember there was NO warrant to enter JEROME Pavlins home….no matter who was inside.
They should have kept the house under surveillance while they Sheriffs department was issued a fresh warrant for Jeromes SON, then, gone and gotten the US Marshals to enter the home to get the trouble maker. (Marshals have a wider net to go in to private residences)
But, this was not a felony warrant.
The lawyers made more money than the injured party.
Speaking of Deputy Greg Pyle ( he was a defendant on this case) how long ago has it been now that he was arrested on 10 counts of criminal disgusting charges, still on the county tax payers payroll of over 7,000.00 per month, where is the news coverage of the progress on his case?
Nygren is like a cat with nine lives……he keeps dodging the law. But is his 10th life about to come to a surprising end soon? (legally speaking of course.)
Why is this an 4th Amendment issue and not a Article 1, Section 6 issue?
Tell us the difference. I just quoted what the Judge wrote.
Cal, great blog first of all.
My question is really more of a question between what ought to be State vs. Federal jurisdictions.
Article 1, Section 6 is a reference to the Search and Seizure protection in the Illinois Constitution.
My question is why is this in the jurisdiction of the Federal Courts as this was a official within the State infringing the rights enumerated in the IL Constitution of an Illinois Citizen?
Shouldn’t this be a matter adjudicated in the State Courts?
Or are we so incapable of self-government in this State that we need the Federal Courts to rule us?
If the answer is yes, then we shouldn’t be surprised that the so-called Federal Government will rule us in a matter it sees fit.