HCB Library

Publications

reasonableness

Yordana Wysocki, Reasonableness, Deliberate Indifference, and Kingsley v. Hendrickson’s Legacy, For the Defense, Vol. 58, No. 7 DRI, (July 2016). Click to read more.

civil_rights_liability

Mike Bersani and Thomas DiCianni, Civil Rights Liability (Chapter 5), Illinois Municipal Law: Contracts, Litigation, and Home Rule, Illinois Institute for Continuing Legal Education (2015 Edition). Click to read more.

law_enforcement_investigatory_powers

Mike Bersani, Supreme Court Broadens Law Enforcement Investigatory Powers, ISBA Local Government Law Section Newsletter, Vol. 45, No. 5 (Mar. 2009). Click to read more.

commercial_door_to_door_free_speech

Mike Bersani and Sara Cliffe, The Do’s and Dont’s of Regulating Commercial Door to Door Speech Under the First Amendment, Municipal Lawyer Magazine, International Municipal Lawyers Association (Sept./Oct. 2005). Click to read more.

public_officials

Chuck Hervas, Public Officials at Risk, A Guide to Limiting Liability of Units of Local Government, published by PRIMA (Co-Author of revision).

llinois_supreme_court

Chuck Hervas and Mike Bersani filed an amicus curiae brief in support of the Orland Fire Protection District and the Board of Trustees of the Orland Fire Protection District in Lemmenes v. Orland Fire Protection Dist., et al., Consolidated Docket Nos. 110012 & 110198 (2012). Click to read more.

defense_liability_public_sidewalks

Mike Bersani, Illinois Appellate Court Strengthens the Notice Defense to Liability for Injuries occurring on Public Sidewalks: Zameer v. City of Chicago, ISBA Local Government Law Section Newsletter, Vol. 50, No. 4 (Oct. 2013). Click to read more.

tort_immunity_act

Mike Bersani, The Demise of the General Willful and Wanton Exception to the Tort Immunity Act, Illinois Bar Journal, Vol. 99, p. 348 (July 2011). Click to read more.

appelate_court_village_indemnification

Mike Bersani, Appellate Court Upholds Village’s Contractual Right to Indemnification for its own Alleged Negligence, ISBA Local Government Law Section Newsletter, Vol. 44, No. 9 (Apr. 2008). Click to read more.

local_governement_litigation

Mike Bersani, Appellate Court Reaffirms Tort Immunity for Liability Stemming from Building Code Enforcement and Inspections, ISBA Local Government Law Section Newsletter, Vol. 44, No. 5 (Dec. 2007).

building_code

Mike Bersani and Christopher J. Beck, Building Code Enforcement and Inspections: A Look at Municipal Liabilities, Immunities, and the E2 Nightclub Case, Municipal Lawyer (July/Aug. 2003). Click to read more.

liabilities_immunities

Mike Bersani, Liabilities and Immunities: An Outline of the Illinois Local Governmental and Governmental Employees Tort Immunity Act, Illinois State Bar Association Local Government Section Newsletter, Vol. 36, No. 9 (Mar. 2000). Click to read more.

jail_security_constitutional_rights

Yordana Wysocki, Michael Condon and Mike Bersani, Balancing Jail Security with Arrestees’ Constitutional Rights in Pre-Arraignment Strip Search Cases After Florence v. Board of Chosen Freeholders, DRI Governmental Liability Committee Newsletter, Vol. 22, Issue 1 (March 22, 2016). Click to read more.

attorney_fees_civil_rights_cases

Mike Bersani, Small Verdict, Large Attorney Fee Award: A Look at Prevailing Attorney Fees in Federal Civil Rights Cases, Illinois Bar Journal (Oct. 2014). Click to read more.

attorney_fee

Mike Bersani and Zrinka Rukavina, $1 Nominal Damages Award in Civil Rights Case Nets Plaintiff’s Attorney Zero Attorney Fees, ISBA Local Government Law Section Newsletter, Vol. 48, No. 2 (Sept. 2011). Click to read more.

winning_deadly_force_cases

Mike Bersani and Kim Fahrbach, Pre-Suit Tips for Winning Deadly Force Cases, Municipal Lawyer Magazine (July/Aug. 2002). Click to read more.

illinois_bar_association

Mike Bersani, Floodgates Open to Equal Protection Claims, Illinois State Bar Association Local Government Section Newsletter, Vol. 35, No. 8 (Mar. 1999). Click to read more.

Publications: Section 1983

reasonableness

Yordana Wysocki, Reasonableness, Deliberate Indifference, and Kingsley v. Hendrickson’s Legacy, For the Defense, Vol. 58, No. 7 DRI, (July 2016). Click to read more.

jail_security_constitutional_rights

Yordana Wysocki, Michael Condon and Mike Bersani, Balancing Jail Security with Arrestees’ Constitutional Rights in Pre-Arraignment Strip Search Cases After Florence v. Board of Chosen Freeholders, DRI Governmental Liability Committee Newsletter, Vol. 22, Issue 1 (March 22, 2016). Click to read more.

attorney_fees_civil_rights_cases

Mike Bersani, Small Verdict, Large Attorney Fee Award: A Look at Prevailing Attorney Fees in Federal Civil Rights Cases, Illinois Bar Journal (Oct. 2014). Click to read more.

attorney_fee

Mike Bersani and Zrinka Rukavina, $1 Nominal Damages Award in Civil Rights Case Nets Plaintiff’s Attorney Zero Attorney Fees, ISBA Local Government Law Section Newsletter, Vol. 48, No. 2 (Sept. 2011). Click to read more.

winning_deadly_force_cases

Mike Bersani and Kim Fahrbach, Pre-Suit Tips for Winning Deadly Force Cases, Municipal Lawyer Magazine (July/Aug. 2002). Click to read more.

illinois_bar_association

Mike Bersani, Floodgates Open to Equal Protection Claims, Illinois State Bar Association Local Government Section Newsletter, Vol. 35, No. 8 (Mar. 1999). Click to read more.

Publications: Local Gov't Litigation

defense_liability_public_sidewalks

Mike Bersani, Illinois Appellate Court Strengthens the Notice Defense to Liability for Injuries occurring on Public Sidewalks: Zameer v. City of Chicago, ISBA Local Government Law Section Newsletter, Vol. 50, No. 4 (Oct. 2013). Click to read more.

tort_immunity_act

Mike Bersani, The Demise of the General Willful and Wanton Exception to the Tort Immunity Act, Illinois Bar Journal, Vol. 99, p. 348 (July 2011). Click to read more.

appelate_court_village_indemnification

Mike Bersani, Appellate Court Upholds Village’s Contractual Right to Indemnification for its own Alleged Negligence, ISBA Local Government Law Section Newsletter, Vol. 44, No. 9 (Apr. 2008). Click to read more.

local_governement_litigation

Mike Bersani, Appellate Court Reaffirms Tort Immunity for Liability Stemming from Building Code Enforcement and Inspections, ISBA Local Government Law Section Newsletter, Vol. 44, No. 5 (Dec. 2007).

building_code

Mike Bersani and Christopher J. Beck, Building Code Enforcement and Inspections: A Look at Municipal Liabilities, Immunities, and the E2 Nightclub Case, Municipal Lawyer (July/Aug. 2003). Click to read more.

liabilities_immunities

Mike Bersani, Liabilities and Immunities: An Outline of the Illinois Local Governmental and Governmental Employees Tort Immunity Act, Illinois State Bar Association Local Government Section Newsletter, Vol. 36, No. 9 (Mar. 2000). Click to read more.

Publications: Municipal and Park District Law

civil_rights_liability

Mike Bersani and Thomas DiCianni, Civil Rights Liability (Chapter 5), Illinois Municipal Law: Contracts, Litigation, and Home Rule, Illinois Institute for Continuing Legal Education (2015 Edition). Click to read more.

law_enforcement_investigatory_powers

Mike Bersani, Supreme Court Broadens Law Enforcement Investigatory Powers, ISBA Local Government Law Section Newsletter, Vol. 45, No. 5 (Mar. 2009). Click to read more.

commercial_door_to_door_free_speech

Mike Bersani and Sara Cliffe, The Do’s and Dont’s of Regulating Commercial Door to Door Speech Under the First Amendment, Municipal Lawyer Magazine, International Municipal Lawyers Association (Sept./Oct. 2005). Click to read more.

public_officials

Chuck Hervas, Public Officials at Risk, A Guide to Limiting Liability of Units of Local Government, published by PRIMA (Co-Author of revision).

Publications: Employment Matters

llinois_supreme_court

Chuck Hervas and Mike Bersani filed an amicus curiae brief in support of the Orland Fire Protection District and the Board of Trustees of the Orland Fire Protection District in Lemmenes v. Orland Fire Protection Dist., et al., Consolidated Docket Nos. 110012 & 110198 (2012). Click to read more.

Notable Cases

employment_matters

Former police officer sued, seeking benefits under the Public Safety Employee Benefits Act (PSEBA) thirteen years after receiving his line-of-duty pension in 2000 for an injury sustained in 1993. The DuPage County Circuit Court granted summary judgment in the village’s favor, and the appellate court affirmed, holding that the officer’s claim was time-barred since his suit was filed over a decade after receiving his line-of-duty pension. Chuck Hervas represented the Village. Hancock v. Vill. of Itasca, 2016 IL App (2d) 150677 Click to read more.

employment_matters

A police officer was terminated after he had two altercations with anti-abortion demonstrators while on and off duty. The Board of Police and Fire Commissioners found his testimony untruthful and his abusive and degrading conduct unbecoming of an officer. The District Court granted summary judgment in favor of the city and commissioners and found that the officer’s statements were not constitutionally protected under First Amendment because the state’s interests in running an efficient and effective police department outweighed his speech interests and that his speech directly conflicted with his responsibilities as a police officer. The Seventh Circuit Appellate Court affirmed. Chuck Hervas represented the commissioners during the proceedings. Lalowski v. City of Des Plaines, 789 F.3d 784, 787 (7th Cir. 2015). Click to read more.

employment_matters

Chuck Hervas effectively prosecuted charges filed by the Chief of Police against Officer Stephen Peterson for misconduct stemming from Stephen’s acceptance and concealment of weapons and money from his father, Drew Peterson, during an Illinois State Police investigation into the disappearance of Drew’s wife. After he was terminated by the Police and Fire Commission, Officer Stephen Peterson filed suit for administrative review. HC&B attorney Chuck Hervas successfully defended the decision of the Commission before the DuPage Circuit Court and the Second District Court of Appeals. Peterson v. Vill. of Oak Brook, 2013 IL App (2d) 130388-U. Click to read more.

employment_matters

Police officer applicant sued chief of police for failing to hire him on account of his race. Following a hung jury, a federal judge held that there was insufficient evidence of discrimination to warrant a retrial. Mike Bersani and Jason Rose successfully tried the case. The Village of Sugar Grove was represented by Michael Condon and Jason Rose in the case. Pirela v. Village of Sugar Grove, 966 F. Supp. 661 (N. D. Ill. 1997). Click to read more.

employment_matters

Probationary female police officer sued five supervisors from the Village of Lombard for alleged sexual harassment and unlawful termination. Federal jury rendered verdict in favor of police supervisors after a three-week trial. Michael Condon represented the Lombard defendant officers at trial. Murray v. Kutzke, 967 F. Supp. 337 (N.D. Ill. 1997)

employment_matters

Former deputy sheriffs sued sheriff, claiming that they were fired in retaliation for the support of sheriff’s opponent. The federal appeals court held that the sheriff was entitled to qualified immunity, since it was not clearly established at time of the firings that deputies were protected from patronage firings. Chuck Hervas and Michael Condon represented the Sheriff in the case. Upton v. Thompson, 930 F.2d 1209 (7th Cir. 1991).

employment_matters

Mike Bersani represented Pace Bus Company in suit by former Pace bus driver alleging that he was terminated because of a medical disability in violation of the Americans With Disabilities Act. Federal court held that termination was lawful because plaintiff had failed to pass medical evaluation required by Pace policy and federal regulations. Green v. Pace Suburban Bus, 02 C 3031, 2004 WL 1574246 (N.D. Ill. 2004)Click to read more.

employment_matters

Female police officer sued village for violation of ADA and Title VII.  Federal court dismissed case and held that village’s reason for placing officer on administrative leave and ordering her to undergo psychological exam was not a pretext for discrimination.  Davis-Durnil v. Village of Carpentersville, 128 F.Supp.2d 575 (N.D. Ill. 2001). Click to read more.

employment_matters

Jury verdict in favor of former chief of police and deputy chief who were fired from their jobs with the town of Cicero in retaliation for cooperating with a federal corruption investigation. Jury awarded plaintiffs $1.7 million. Niebur v. Town of Cicero, 212 F. Supp. 2d 790 (N.D.Ill. 2002).

employment_matters

Jury verdict for police lieutenant who was subjected to termination proceedings in retaliation for his support of mayor’s opponent. Jury awarded lieutenant $12.5 million. Case was tried by Chuck Hervas and Mike Bersani. Comanda v. City of Country Club Hills, No. 99 C 1708 (N.D. Ill. 2001).

employment_matters

Former Itasca police officer sued for administrative review stemming from his termination by local police board for lying during internal investigation. Appellate Court upheld termination.  Chuck Hervas successfully defended the police board. Valio v. Bd. of Fire and Police Commissioners of Village of Itasca, 311 Ill. App. 3d 321 (2nd Dist. 2000). Click to read more.

public_officials

A billboard company tenant challenged the Village’s authority to enforce an agreement with the property owner that conditioned zoning on the removal of the billboard. HC&B attorney Chuck Hervas successfully defended the Village’s actions, and the Court upheld the agreement. CBS Outdoor, Inc. v. Vill. of Itasca, 2011 IL App. (2d ) 101117. Click to read more.

public_officials

Village of Itasca sued local business and Village of Lisle for conspiring to establish sham sales office in Lisle for purpose of falsely reporting sales taxes as originating in Lisle. Illinois appellate court held that Itasca could sue for declaratory and injunctive relief for false tax situs reporting. Village of Itasca v. Village of Lisle, 352 Ill. App. 3d 817 N.E.2d 160 (2nd Dist. 2004). Click to read more.

public_officials

Interracial married couple sued the village for limiting the number of children that could be served in couple’s home day care business. A federal judge found no evidence of racial motive. The village was represented by Mike Bersani. Roberts v. Village of Shorewood. Click to read more.

public_officials

Neighboring residents sued the village for special use permit granted to construct two five-story condominium buildings. Plaintiffs claimed, among other things, that their cross-examination rights during plan commission public hearing were violated. Both trial and appellate court disagreed and upheld village’s ordinances. The village was represented by Mike Bersani and Chuck Hervas. Aspito v. Village of Itasca (DuPage County 2005).

public_officials

Landowner sued the village for denial of use of dirt road located on village property to access proposed marina project. Illinois appellate and trial courts limited scope of landowner’s rights and held that landowner could not use road to develop marina. The village was represented by Mike Bersani.  Limestone v. Village of Lemont, 284 Ill. App. 3d 848 (1st Dist. 1996)Click to read more.

public_officials

Local landowner sued for disconnection from village. The village argued that landowner could not disconnect because property was subject to current annexation agreement. Illinois circuit court agreed and dismissed petition for disconnection. The village was represented by Chuck Hervas and Mike Bersani. Quality Screw & Nut Corp. v. Village of Itasca. 

public_officials

Landowners were denied variance to split lot in order to build two single-family detached homes. Illinois appellate court upheld denial because the two lots lacked adequate area to qualify as buildable lots under village ordinance. The village was represented by Michael Condon and Mike Bersani. D’Amico v. Village of Palos Park. 

public_officials

County denied landowners’ request for special use and variance to operate religious school. Circuit court held that county’s ordinance did not violate landowners’ religious freedoms. The Village was represented by Chuck Hervas. Anthony v. Kankakee County, 304 Ill. App. 3d 1040 (3rd Dist. 1999).

public_officials

Landowner claimed that several villages and public officials illegally conspired to prevent the construction of low-income housing. Federal appellate court held that developer could not recover lost profits and otherwise limited developers’claims. The Village was represented by Chuck Hervas and Mike Bersani. Creek v. Westhaven, 80 F.3d 186 (7th Cir. 1996).

local_governement_litigation

Son brought suit on behalf of his father’s estate after his father was killed in a train and car collision in Vance Township, Illinois. Son argued that the township improperly designed the crossing to include an ultrahazardous approach and then failed to maintain the signage to the south of the crossing. Michael Condon and Yordana Wysocki represented the defendant township in the case and won summary judgment. Arnold v. Norfolk Southern Railway Co., No. 10 L 11 (Vermillion County 2015).

local_governement_litigation

Mother brought suit as special administrator of the estate of her daughter following a fatal car crash in Kankakee. Plaintiffs alleged that the county should have implemented a plan to improve a known dangerous intersection. Michael Condon and Jason Rose successfully filed a motion to dismiss on tort immunity grounds. Little v. Kankakee, No. 13 L 131 (Kankakee County 2015).

local_governement_litigation

Losing candidate for the office of village president sued county clerk alleging irregularities and problems with the ballots during the 2013 election. Michael Condon represented the county clerk and successfully won a motion to dismiss. Watson v. Clark, No. 13 MR 331 (Kankakee County 2015).

local_governement_litigation

Decedent’s wife brought suit after her husband committed suicide by cop by approaching the Marshall County deputy with a knife raised. Michael Condon and Jason Rose successfully won summary judgment for the deputy. The decision was affirmed on appeal. Sheets v. Strawn, 2012 IL App (3d) 110659-U. Click to read more.

local_governement_litigation

Plaintiff sued after tripping and falling on an uneven sidewalk and breaking her arm. Mike Bersani and Yordana Wysocki successfully defended the Village before both the trial court and appellate court, asserting immunities under the Tort Immunity Act. Harms v. Vill. of Romeoville, 2011 IL App (3d) 100858-U. Click to read more.

local_governement_litigation

Parents of deceased teenage daughter sued Village for failing to enforce its municipal code regarding sightlines at the intersection where daughter was killed in a car accident. Mike Bersani successfully argued that the Illinois Tort Immunity Act barred the claims and that the Village did not have a duty of care to enforce its ordinance. Pouk v. Vill. of Romeoville, 405 Ill. App. 3d 194 (3d Dist. 2010). Click to read more.

local_governement_litigation

Intoxicated motorist killed in accident after high speed chase by police.  Appellate court upheld summary judgment in favor of Warrenville police officer finding that officer’s conduct was not the proximate cause of motorist’s death. Kimber v. City of Warrenville, 248 Ill. App.3d 361, 617 N.E.2d 1263 (2nd Dist. 1993).  The officer was represented by Chuck Hervas and Mike Bersani. Click to read more.

section_1983_civil_rights

Jail inmate alleged that correctional officers failed to keep him safe and failed to prevent a fight after a “rival” inmate was let into the same day room. Michael Condon and Jason Rose successfully filed a motion for summary judgment for the officers. In granting the motion, the court ruled that the inmate could not show that the officers acted with “deliberate indifference” – since both the officers and the plaintiff were surprised by the “rival” inmate’s attack. James v. Kankakee County, No. 14-2283 (C.D. Ill. July 1, 2016). Click to read more.

section_1983_civil_rights

Inmate claimed that he was sexually harassed by a correctional officer. The officer was investigated officer on two prior occasions for sexual misconduct by the Sheriff and the FBI but was cleared of any wrongdoing on both occasions. Michael Condon and Tony Fioretti represented the Sheriff and filed a motion for summary judgment. The court granted the motion, finding that it was reasonable for the Sheriff to believe the officer did not pose a risk to inmates, especially after an independent investigation by the FBI. Brewer v. Bukowski, et al., Case No. 13-cv-2256, (C.D. Ill. Jan. 7, 2016). Click to read more.

section_1983_civil_rights

Jail inmate complained of not receiving adequate pain medication for his hernia. He sued the Chief of Corrections, alleging that the Chief was deliberately indifferent to his serious medical needs. Michael Condon and Anthony Becknek successfully defended the Chief before the district and appellate courts, winning a summary judgment motion based on lack of personal involvement. Riley v. Kolitwenzew, No. 15-1137 (7th Cir. Mar. 18, 2016). Click to read more.

section_1983_civil_rights

Arrestee alleged claims for excessive force and unlawful search and seizure. The plaintiff fled a traffic stop and drove across a lawn and into a garage and then approached officer on foot and refused to lower his hands and get on ground. Officer forced him to ground at gunpoint. District Court granted summary judgment for officers, finding that officer used reasonable force and enjoyed qualified immunity for seizure of the vehicle. The officer was defended by Mike Bersani and Tony Fioretti. Thompson v. Vill. of Monee, No. 1:12-cv-5020, 2016 U.S. Dist. LEXIS 3291 (N.D. Ill. Jan. 12, 2016). Click to read more.

section_1983_civil_rights

Jail inmate claimed that the jail did not give him his pain medication for 9 days following surgery and then gave him a different medication than prescribed by his primary care physician. After the District Court denied the defendants’ motion for summary judgment, Mike Bersani and Yordana Wysocki appealed the decision to the U.S. Court of Appeals. The Court reversed and found in favor of the jail officials and medical staff. The inmate was not entitled to his choice of medication, and the evidence showed only a 2-day delay in receiving medications, not a 9-day delay. The Court held that the 2-day delay was de minimis and thus not actionable. Burton v. Downey, No. 14-3591 (7th Cir. Oct. 8, 2015) (unpublished). Click to read more.

section_1983_civil_rights

Inmate filed suit alleging that jail officials failed to protect him against an attack by a fellow inmate. Following a bench trial, the District Court ruled in favor of the defendants, and the verdict was upheld on appeal. HC&B attorneys Michael Condon and Jason Rose represented the officers and sheriff at trial. Russell v. Bukowski, 608 Fed. Appx. 426 (7th Cir. 2015) Click to read more.

section_1983_civil_rights

Arrestee sued police officers alleging excessive use of force following 45 minute vehicle pursuit. Police used K-9 to assist in removing the plaintiff from his truck after it had crashed into a residential fence. Plaintiff claimed that he was beaten with batons and punched and kicked both before and after being handcuffed. Federal judge granted summary judgment to officers based on use of K-9 and use of force prior to handcuffing. Martin v. Luckett, No. 07 C 2800, 2011 WL 1231024 (N.D. Ill.). The rest of the case was tried before a federal jury in Chicago. The jury returned a verdict for the officers. HC&B attorneys Mike Bersani represented the officers. Martin v. Luckett, No. 07 C 2800 (N.D. Ill. Jan. 2012). Click to read more.

section_1983_civil_rights

Plaintiff claimed that the police entered her home without consent and unlawfully removed her ostensibly for mental health reasons. In the process, the plaintiff resisted, resulting in a broken wrist. A federal judge in Chicago granted summary judgment for the officers. The officers were represented by Chuck Hervas, Mike Bersani, and Yordana Wysocki. Fitzgerald v. Santoro, No. 12-1487, 707 F.3d 725 (7th Cir. 2013). Click to read more.

section_1983_civil_rights

Arrestee complained that officers did not have probable cause for arrest, which was based on a physical and clothing description from a minor witness and the arrestee’s vicinity to the crime scene immediately following the crime. Michael Condon and Yordana Wysocki successfully defended the arresting officers in the district and appellate courts. Fleming v. Livingston County, 674 F.3d 874 (7th Cir. 2012). Click to read more.

section_1983_civil_rights

Muslim inmate at county jail sued jail officials over denial of prayer rug and religious diet. Federal court found that special diet was not prescribed by doctor and that denial of prayer rug was not unlawful because inmate could use towel as a substitute. Murrell v. Bukowski, No. 08-2044. Click to read more.

section_1983_civil_rights

Jail inmate claimed that he was extracted from his cell by correctional officers through the use of excessive force, including use of a Taser. The case was tried before a federal court jury in Urbana, and a verdict was returned in favor of the correctional officers. HC&B attorneys Mike Bersani and Yordana Wysocki represented the correctional officers. Murrell v. Kankakee County Sheriff (2011).

section_1983_civil_rights

Jail inmate alleged that the use of a Taser to compel his compliance with an order was excessive given his lack of threatening behavior and lack of any immediate safety concerns. A federal jury returned a verdict in favor of correctional officer.  The officer was represented at trial by Michael Condon and Yordana Wysocki. Cintora v. Downey, et. al. (2010). Click to read more.

section_1983_civil_rights

Two sisters accused City of Urbana police officers of false arrest and use of excessive force.  Officers used mace on one sister and straight-arm takedown tactics on the other sister, who was recovering from a recent brain surgery.  Federal jury returned a verdict in favor of the officers.  The officers were represented by Mike Bersani and Urbana City Attorney Ronald O’Neal. Dorris v. City of Urbana, et. al. (2010).

section_1983_civil_rights

A 27-year-old inmate committed suicide while detained at the local county jail. The inmate’s estate filed a deliberate indifference claim against the correctional officers. Michael Condon and Jason Rose successfully defended the jail staff and obtained summary judgment in their favor. Dunn v. Rice, No. 04-2280 (C.D. Ill. 2007). Click to read more.

section_1983_civil_rights

Arrestee, who was accused of murder, sued police for false arrest but was subsequently found guilty in the criminal case. Federal judge held that the civil suit was barred by criminal conviction. The 7th Circuit Court of Appeals subsequently affirmed the lower court’s decision. Michael Condon represented the Village of Riverdale in the case. Simpson v. Rowan, No. 04-1897125 Fed. Appx. 720 (7th Cir. 2005).

section_1983_civil_rights

A Village of Hampshire police sergeant was murdered while on duty. Within 24 hours his best friend was arrested by Kane County sheriff’s deputies. After his acquittal in the criminal case, the plaintiff sued the deputies for wrongful arrest and prosecution. Federal court held that the deputies had probable cause for the arrest and prosecution. Carroccia v. Anderson, No. 02 C 3916, 2004 WL 2032754 (N.D. Ill. 2004)Click to read more.

section_1983_civil_rights

Father of deceased 19-year-old daughter sued jail officials for failing to prevent daughter’s suicide by hanging in county jail. The decedent was not immediately screened for suicide and was temporarily detained in visitation room where she hung herself on a phone cord. The defendants moved for summary judgment based on the argument that they did not know the decedent was suicidal and did not act deliberately indifferent with regard to her safety. A federal judge in Rockford granted summary judgment for the defendants. Mike Bersani represented the county and jail officials. Brantley v. DeKalb County, 10 CV 50075 (N.D. Ill. Nov. 8, 2011). Click to read more.

section_1983_civil_rights

Inmate alleged that excessive force was used when the officers used force to restrain and subdue the inmate in order to remove a plastic bag which he put into his mouth during an arrest inventory. Michael Condon successfully tried the case before a jury in Urbana. Brandon v. Renaker, No. 05-cv-2246 (C.D. 2007). Click to read more.

section_1983_civil_rights

Male arrestee informed booking officer that he was depressed and had previously attempted suicide. Jail officers placed him in special needs cell. Arrestee was found hanging by a make-shift rope in his cell. Federal court found that jail officials did not act deliberately indifferent to arrestee’s risk of suicide and that the jail had constitutionally adequate jail suicide policies. Michael Condon represented the jail officials in the case. Rapier v. Kankakee County, No. 00-cv-2089, 203 F.Supp.2d 978 (C.D. Ill. 2002).

section_1983_civil_rights

Female arrestee, who had not indicated depression or suicidal behavior upon booking, committed suicide in cell. Federal court held that jail was not deliberately indifferent to risk of suicide by inmates housed in general population. Michael Condon represented the jail staff. Ownbey v. Kankakee County.

Notable Cases: Section 1983

section_1983_civil_rights

Jail inmate alleged that correctional officers failed to keep him safe and failed to prevent a fight after a “rival” inmate was let into the same day room. Michael Condon and Jason Rose successfully filed a motion for summary judgment for the officers. In granting the motion, the court ruled that the inmate could not show that the officers acted with “deliberate indifference” – since both the officers and the plaintiff were surprised by the “rival” inmate’s attack. James v. Kankakee County, No. 14-2283 (C.D. Ill. July 1, 2016). Click to read more.

section_1983_civil_rights

Inmate claimed that he was sexually harassed by a correctional officer. The officer was investigated officer on two prior occasions for sexual misconduct by the Sheriff and the FBI but was cleared of any wrongdoing on both occasions. Michael Condon and Tony Fioretti represented the Sheriff and filed a motion for summary judgment. The court granted the motion, finding that it was reasonable for the Sheriff to believe the officer did not pose a risk to inmates, especially after an independent investigation by the FBI. Brewer v. Bukowski, et al., Case No. 13-cv-2256, (C.D. Ill. Jan. 7, 2016). Click to read more.

section_1983_civil_rights

Jail inmate complained of not receiving adequate pain medication for his hernia. He sued the Chief of Corrections, alleging that the Chief was deliberately indifferent to his serious medical needs. Michael Condon and Anthony Becknek successfully defended the Chief before the district and appellate courts, winning a summary judgment motion based on lack of personal involvement. Riley v. Kolitwenzew, No. 15-1137 (7th Cir. Mar. 18, 2016). Click to read more.

section_1983_civil_rights

Arrestee alleged claims for excessive force and unlawful search and seizure. The plaintiff fled a traffic stop and drove across a lawn and into a garage and then approached officer on foot and refused to lower his hands and get on ground. Officer forced him to ground at gunpoint. District Court granted summary judgment for officers, finding that officer used reasonable force and enjoyed qualified immunity for seizure of the vehicle. The officer was defended by Mike Bersani and Tony Fioretti. Thompson v. Vill. of Monee, No. 1:12-cv-5020, 2016 U.S. Dist. LEXIS 3291 (N.D. Ill. Jan. 12, 2016). Click to read more.

section_1983_civil_rights

Jail inmate claimed that the jail did not give him his pain medication for 9 days following surgery and then gave him a different medication than prescribed by his primary care physician. After the District Court denied the defendants’ motion for summary judgment, Mike Bersani and Yordana Wysocki appealed the decision to the U.S. Court of Appeals. The Court reversed and found in favor of the jail officials and medical staff. The inmate was not entitled to his choice of medication, and the evidence showed only a 2-day delay in receiving medications, not a 9-day delay. The Court held that the 2-day delay was de minimis and thus not actionable. Burton v. Downey, No. 14-3591 (7th Cir. Oct. 8, 2015) (unpublished). Click to read more.

section_1983_civil_rights

Inmate filed suit alleging that jail officials failed to protect him against an attack by a fellow inmate. Following a bench trial, the District Court ruled in favor of the defendants, and the verdict was upheld on appeal. HC&B attorneys Michael Condon and Jason Rose represented the officers and sheriff at trial. Russell v. Bukowski, 608 Fed. Appx. 426 (7th Cir. 2015) Click to read more.

section_1983_civil_rights

Arrestee sued police officers alleging excessive use of force following 45 minute vehicle pursuit. Police used K-9 to assist in removing the plaintiff from his truck after it had crashed into a residential fence. Plaintiff claimed that he was beaten with batons and punched and kicked both before and after being handcuffed. Federal judge granted summary judgment to officers based on use of K-9 and use of force prior to handcuffing. Martin v. Luckett, No. 07 C 2800, 2011 WL 1231024 (N.D. Ill.). The rest of the case was tried before a federal jury in Chicago. The jury returned a verdict for the officers. HC&B attorneys Mike Bersani represented the officers. Martin v. Luckett, No. 07 C 2800 (N.D. Ill. Jan. 2012). Click to read more.

section_1983_civil_rights

Plaintiff claimed that the police entered her home without consent and unlawfully removed her ostensibly for mental health reasons. In the process, the plaintiff resisted, resulting in a broken wrist. A federal judge in Chicago granted summary judgment for the officers. The officers were represented by Chuck Hervas, Mike Bersani, and Yordana Wysocki. Fitzgerald v. Santoro, No. 12-1487, 707 F.3d 725 (7th Cir. 2013). Click to read more.

section_1983_civil_rights

Arrestee complained that officers did not have probable cause for arrest, which was based on a physical and clothing description from a minor witness and the arrestee’s vicinity to the crime scene immediately following the crime. Michael Condon and Yordana Wysocki successfully defended the arresting officers in the district and appellate courts. Fleming v. Livingston County, 674 F.3d 874 (7th Cir. 2012). Click to read more.

section_1983_civil_rights

Muslim inmate at county jail sued jail officials over denial of prayer rug and religious diet. Federal court found that special diet was not prescribed by doctor and that denial of prayer rug was not unlawful because inmate could use towel as a substitute. Murrell v. Bukowski, No. 08-2044. Click to read more.

section_1983_civil_rights

Jail inmate claimed that he was extracted from his cell by correctional officers through the use of excessive force, including use of a Taser. The case was tried before a federal court jury in Urbana, and a verdict was returned in favor of the correctional officers. HC&B attorneys Mike Bersani and Yordana Wysocki represented the correctional officers. Murrell v. Kankakee County Sheriff (2011).

section_1983_civil_rights

Jail inmate alleged that the use of a Taser to compel his compliance with an order was excessive given his lack of threatening behavior and lack of any immediate safety concerns. A federal jury returned a verdict in favor of correctional officer.  The officer was represented at trial by Michael Condon and Yordana Wysocki. Cintora v. Downey, et. al. (2010). Click to read more.

section_1983_civil_rights

Two sisters accused City of Urbana police officers of false arrest and use of excessive force.  Officers used mace on one sister and straight-arm takedown tactics on the other sister, who was recovering from a recent brain surgery.  Federal jury returned a verdict in favor of the officers.  The officers were represented by Mike Bersani and Urbana City Attorney Ronald O’Neal. Dorris v. City of Urbana, et. al. (2010).

section_1983_civil_rights

A 27-year-old inmate committed suicide while detained at the local county jail. The inmate’s estate filed a deliberate indifference claim against the correctional officers. Michael Condon and Jason Rose successfully defended the jail staff and obtained summary judgment in their favor. Dunn v. Rice, No. 04-2280 (C.D. Ill. 2007). Click to read more.

section_1983_civil_rights

Arrestee, who was accused of murder, sued police for false arrest but was subsequently found guilty in the criminal case. Federal judge held that the civil suit was barred by criminal conviction. The 7th Circuit Court of Appeals subsequently affirmed the lower court’s decision. Michael Condon represented the Village of Riverdale in the case. Simpson v. Rowan, No. 04-1897125 Fed. Appx. 720 (7th Cir. 2005).

section_1983_civil_rights

A Village of Hampshire police sergeant was murdered while on duty. Within 24 hours his best friend was arrested by Kane County sheriff’s deputies. After his acquittal in the criminal case, the plaintiff sued the deputies for wrongful arrest and prosecution. Federal court held that the deputies had probable cause for the arrest and prosecution. Carroccia v. Anderson, No. 02 C 3916, 2004 WL 2032754 (N.D. Ill. 2004)Click to read more.

section_1983_civil_rights

Father of deceased 19-year-old daughter sued jail officials for failing to prevent daughter’s suicide by hanging in county jail. The decedent was not immediately screened for suicide and was temporarily detained in visitation room where she hung herself on a phone cord. The defendants moved for summary judgment based on the argument that they did not know the decedent was suicidal and did not act deliberately indifferent with regard to her safety. A federal judge in Rockford granted summary judgment for the defendants. Mike Bersani represented the county and jail officials. Brantley v. DeKalb County, 10 CV 50075 (N.D. Ill. Nov. 8, 2011). Click to read more.

section_1983_civil_rights

Inmate alleged that excessive force was used when the officers used force to restrain and subdue the inmate in order to remove a plastic bag which he put into his mouth during an arrest inventory. Michael Condon successfully tried the case before a jury in Urbana. Brandon v. Renaker, No. 05-cv-2246 (C.D. 2007). Click to read more.

section_1983_civil_rights

Male arrestee informed booking officer that he was depressed and had previously attempted suicide. Jail officers placed him in special needs cell. Arrestee was found hanging by a make-shift rope in his cell. Federal court found that jail officials did not act deliberately indifferent to arrestee’s risk of suicide and that the jail had constitutionally adequate jail suicide policies. Michael Condon represented the jail officials in the case. Rapier v. Kankakee County, No. 00-cv-2089, 203 F.Supp.2d 978 (C.D. Ill. 2002).

section_1983_civil_rights

Female arrestee, who had not indicated depression or suicidal behavior upon booking, committed suicide in cell. Federal court held that jail was not deliberately indifferent to risk of suicide by inmates housed in general population. Michael Condon represented the jail staff. Ownbey v. Kankakee County.

Training: Section 1983

Fundamentals of Section 1983

Mike Bersani and Michael Condon, Fundamentals of Section 1983 Litigation: Common Claims, Defenses and Immunities, a presentation at CCMSI (Nov. 2016). Click to read more.

religious rights

Chuck Hervas and Yordana Wysocki, Religious Rights in Jails: Defending Correctional Staff Under RLUIPA, a seminar at the Kane County State’s Attorney’s Civil Law Conference for Illinois State’s Attorneys (Sept. 30, 2016). Click to read more.

section_1983_update_2016

Mike Bersani, Section 1983 Trending Issues and Recent Case Law, a presentation at Tokio Marine HCC Public Risk Attorney Claims Seminar (2016). Click to read more.

section_1983_qualified_immunity_trends

Mike Bersani and Yordana Wysocki, Qualified Immunity Trends in Section 1983 Litigation, a presentation at the 23rd Annual Conference of the Illinois Institute of Local Government Law (Feb. 2016). Click to read more.

section_1983_update_2015

Mike Bersani, Section 1983 Liability: Case Law Update, a presentation at the 22nd Annual Conference of the Illinois Institute of Local Government Law (Feb. 2015). Click to read more.

Section_1983_ caselaw_trends_2014

Mike Bersani, Section 1983 Litigation: Case Law and Trends, a presentation at the 21st Annual Conference of the Illinois Institute of Local Government Law (Feb. 2014). Click to read more.

medicare_claims_inmate

Michael Condon, Deliberate Indifference to Medical Care Claims in Inmate Litigation, a seminar for Illinois Sheriff’s Association – 2014 Chief Deputy/Jail Administrator Conference (2014). Click to read more.

liability_risk_for_law_enforcement

Chuck Hervas, Liability Risks for the Law Enforcement Supervisor – A Trial Lawyer’s Perspective, Illinois Sheriff’s Association, Chief Deputy/Jail Administrator Conference (Mar. 2014). Click to read more.

preservation_electronic_evidence

Mike Bersani, Matthew Hafeli and Anthony Becknek, Preservation of Electronic Evidence and Spoliation Issues Class of One, a presentation at HCC Public Risk Attorney Claims Seminar (2013). Click to read more.

prelitigation_concerns_digital_discovery

Mike Bersani, Matthew Hafeli and Anthony Becknek, Pre-Litigation Concerns in the Age of Electronic Discovery, a presentation at the Illinois Institute of Local Government Law, Fall Conference (2013). Click to read more.

civil_rights_update_2013

Mike Bersani, Civil Rights Update, a presentation at 20th Annual Conference of the Illinois Institute of Local Government Law (Feb. 2013). Click to read more.

equal_opportunity_claims

Mike Bersani, “Class of One” Equal Protection Claims: Confusion and Uncertainty Post Olech and Engquist, a presentation at the annual Attorney Seminar for HCC Public Risk Agency (Sept. 2012). Click to read more.

section_1983_update_2012

Mike Bersani, Section 1983 Civil Rights Update, presentation at the 19th Annual Conference of the Illinois Institute of Local Government Law (Feb. 2012). Click to read more.

jail_suicide_liability

Michael Condon and Mike Bersani, Jail Suicide Liability: Trends, Standards, and Caselaw, a presentation for Illinois Sheriff’s Association Chief Deputy/Jail Administrator Conference (Apr. 2011). Click to read more.

section_1983_update

Mike Bersani, Section 1983 Civil Rights Update, a presentation at the 18th Annual Conference for the Illinois Institute of Local Government Law, a joint conference with the Municipal Prosecutors Group (Feb. 2011). Click to read more.

Police_civil_rights_liability

Mike Bersani, Police Civil Rights Liability, a presentation for the Law Enforcement Training Seminar at the Kane County State’s Attorney’s Office (May 2011). Click to read more.

civil_rights_liability_litigation

Michael Condon and Mike Bersani, Civil Rights Liability and Jail Litigation, a presentation for the Illinois Sheriff’s Association, 2010 New Sheriff’s Management Institute (Nov. 2010). Click to read more.

trends_and_tasers

Michael Condon and Mike Bersani, Trends and Case Law on the Use of Tasers, a presentation for Illinois Sheriff’s Association Chief Deputy/Jail Administrator Conference (Apr. 2010). Click to read more.

illinois_institute_government_law

Mike Bersani, Civil Rights Update, a presentation at the 17th Annual Conference of the Illinois Institute for Local Government Law (Feb. 2010). Click to read more.

midwest_law_enforcement_executive

Chuck Hervas and Mike Bersani, “Less than Lethal” Force: Trends and Case Law on the Use of Tasers, a presentation for the Midwest Law Enforcement Executive Development Seminar (MLEEDS) (Aug. 2009). Click to read more.

strip_and_body_cavity_searches

Mike Bersani and Michael Condon, Strip and Body Cavity Searches of Pretrial Detainees: The Judiciary’s “Hands On” Approach to Jail Administration, a presentation to the Illinois Sheriffs’ Winter Conference (2009). Click to read more.

Civil_Rights_update

Mike Bersani, Civil Rights Update, a presentation at the 16th Annual Conference of the Illinois Institute for Local Government Law (Feb. 2009). Click to read more.

use_of_tasers

Mike Bersani, Less than Lethal Force: Trends and Case Law on the Use of Tasers, a presentation at the 16th Annual Conference of the Illinois Institute for Local Government Law (Feb. 2009). Click to read more.

strip_cavity_searches

Michael Condon and Mike Bersani, Strip and Body Cavity Searches of Pretrial Detainees: The Judiciary’s “Hands On” Approach to Jail Administration, a seminar for Illinois Sheriff’s Association 2009 Deputy/Jail Administrator Conference (May 12-14, 2009). Click to read more.

in_service_police_training

Chuck Hervas and Michael Condon, Use of Deadly Force Incidents and Civil Liability Issues – Cultural Diversity, a presentation for the Hoffman Estates Police Department In-Service Training and the Illinois Tactical Officers Association (Oct. 2004). Click to read more.

lititgating_officer_involved_shootings

Michael Condon, Litigating Officer Involved Shootings – Use of Deadly Force, a presentation for Hoffman Estates Police Department In-Service Seminar, Governmental Interinsurance Exchange (Apr. 2004). Click to read more.

officer_involved_shootings

Michael Condon, Managing Officer Involved Shootings – Use of Deadly Force, a seminar for NEMERT Police Training Seminar (Nov. 2003). Click to read more.

use of deadly force

Michael Condon, Use of Deadly Force, Training Seminar, a seminar for the Des Plaines Police Department and the Illinois Tactical Officers Association (2000). Click to read more.

use_of_force

Michael Condon, Use of Force Legal Liability, a seminar for Winnetka Police Department (2000). Click to read more.

Training

Harassment Free Diversity Workplace Awareness

Michael Bersani and Anthony Becknek, Harassment-Free & Diversity Workplace Awareness Training for Supervisors, a presentation for the Melrose Park Police Department and Tokio Marine – Public Risk Group (Oct. 2016). Harassment-Free & Diversity Workplace Awareness Training for Supervisors 10.2016

Police and Fire Disciplinary Process

Chuck Hervas, Police & Fire Disciplinary Process, a presentation for the DuPage County Bar Association’s Local Government MCLE Meeting (Nov. 2016). Click to read more.

Fundamentals of Section 1983

Mike Bersani and Michael Condon, Fundamentals of Section 1983 Litigation: Common Claims, Defenses and Immunities, a presentation at CCMSI (Nov. 2016). Click to read more.

Tort Immunity 2017

Yordana Wysocki, Tort Immunity Act 2017 Update, a presentation for the DuPage Bar Association’s Local Government MCLE (Feb. 2017), with Kirsten Casas. Click to read more.

religious rights

Chuck Hervas and Yordana Wysocki, Religious Rights in Jails: Defending Correctional Staff Under RLUIPA, a seminar at the Kane County State’s Attorney’s Civil Law Conference for Illinois State’s Attorneys (Sept. 30, 2016). Click to read more.

harassment

Mike Bersani and Anthony Becknek, Harassment-Free & Diversity Workplace Awareness Training for Supervisors, a presentation for the Melrose Park Police Department and Tokio Marine – Public Risk Group (Oct. 6, 2016).Click to read more.

law_enforcement_supervisor

Chuck Hervas and Mike Bersani, Liability Risks of the Law Enforcement Supervisor – A Trial Lawyer’s Perspective, a training seminar for the Village of Melrose Park Police Department (Nov. 2012). Click to read more.

representing_public_employees

Michael Condon, Conflicts Representing Public Employees, a seminar for Illinois Institute for Local Government Law (Feb. 2009). Click to read more.

public_officials

Michael Condon, Legal Training Issues, a seminar for West Suburban Chiefs of Police Association (Nov. 2007).

racial_profiling

Chuck Hervas and Michael Condon, Racial Profiling: Legal and Departmental Issues, a seminar for the Warrenville Police Department Training Seminar (Sept. 2001). Click to read more.

law_enforcement

Michael Condon, Social Attitudes About Law Enforcement, a seminar for DuPage County Police Chiefs (Jan. 2001). Click to read more.

racial_profiling_seminar

Chuck Hervas and Michael Condon, Racial Profiling Training, a seminar for Bensenville Police Department (Oct. 2000). Click to read more.

illinois_local_government_lawyers

Chuck Hervas, PSEBA Presentation, Illinois Local Government Lawyers Association Fall Seminar (Oct. 2015). Click to read more.

represent_local_government

Mike Bersani, The Basics You Need to Represent Local Governments: The Personnel Record Review Act, a presentation at the ISBA Law Ed Seminar (2009). Click to read more.

retailiation_claims

Mike Bersani, Employment Retaliation Claims: The Pendulum May be Swinging Back, a presentation at the Midwest Law Enforcement Executive Development Seminar (MLEEDS) (2008). Click to read more.

harrasment_workplace

Michael Condon and Mike Bersani, Harassment in the Workplace – An Overview, a seminar for Lorman Education Services (Apr. 2005). Click to read more.

lawsuits_against_local_government

Chuck Hervas, The Landscape of Lawsuits Against Local Governments – Why are Public Officials Easy Targets?, a presentation at the APWA, Chicago Metro Chapter, Municipal Law Seminar (Mar. 2015). Click to read more.

section_1983_update_2016

Mike Bersani, Section 1983 Trending Issues and Recent Case Law, a presentation at Tokio Marine HCC Public Risk Attorney Claims Seminar (2016). Click to read more.

section_1983_qualified_immunity_trends

Mike Bersani and Yordana Wysocki, Qualified Immunity Trends in Section 1983 Litigation, a presentation at the 23rd Annual Conference of the Illinois Institute of Local Government Law (Feb. 2016). Click to read more.

section_1983_update_2015

Mike Bersani, Section 1983 Liability: Case Law Update, a presentation at the 22nd Annual Conference of the Illinois Institute of Local Government Law (Feb. 2015). Click to read more.

Section_1983_ caselaw_trends_2014

Mike Bersani, Section 1983 Litigation: Case Law and Trends, a presentation at the 21st Annual Conference of the Illinois Institute of Local Government Law (Feb. 2014). Click to read more.

illinois_tort_immunity_act

Mike Bersani, A Nuts and Bolts Look at the Illinois Local Governmental and Governmental Employees Tort Immunity Act, a presentation at HCC Public Risk Attorney Claims Seminar (July 2014). Click to read more.

medicare_claims_inmate

Michael Condon, Deliberate Indifference to Medical Care Claims in Inmate Litigation, a seminar for Illinois Sheriff’s Association – 2014 Chief Deputy/Jail Administrator Conference (2014). Click to read more.

liability_risk_for_law_enforcement

Chuck Hervas, Liability Risks for the Law Enforcement Supervisor – A Trial Lawyer’s Perspective, Illinois Sheriff’s Association, Chief Deputy/Jail Administrator Conference (Mar. 2014). Click to read more.

preservation_electronic_evidence

Mike Bersani, Matthew Hafeli and Anthony Becknek, Preservation of Electronic Evidence and Spoliation Issues Class of One, a presentation at HCC Public Risk Attorney Claims Seminar (2013). Click to read more.

prelitigation_concerns_digital_discovery

Mike Bersani, Matthew Hafeli and Anthony Becknek, Pre-Litigation Concerns in the Age of Electronic Discovery, a presentation at the Illinois Institute of Local Government Law, Fall Conference (2013). Click to read more.

civil_rights_update_2013

Mike Bersani, Civil Rights Update, a presentation at 20th Annual Conference of the Illinois Institute of Local Government Law (Feb. 2013). Click to read more.

equal_opportunity_claims

Mike Bersani, “Class of One” Equal Protection Claims: Confusion and Uncertainty Post Olech and Engquist, a presentation at the annual Attorney Seminar for HCC Public Risk Agency (Sept. 2012). Click to read more.

section_1983_update_2012

Mike Bersani, Section 1983 Civil Rights Update, presentation at the 19th Annual Conference of the Illinois Institute of Local Government Law (Feb. 2012). Click to read more.

jail_suicide_liability

Michael Condon and Mike Bersani, Jail Suicide Liability: Trends, Standards, and Caselaw, a presentation for Illinois Sheriff’s Association Chief Deputy/Jail Administrator Conference (Apr. 2011). Click to read more.

section_1983_update

Mike Bersani, Section 1983 Civil Rights Update, a presentation at the 18th Annual Conference for the Illinois Institute of Local Government Law, a joint conference with the Municipal Prosecutors Group (Feb. 2011). Click to read more.

Police_civil_rights_liability

Mike Bersani, Police Civil Rights Liability, a presentation for the Law Enforcement Training Seminar at the Kane County State’s Attorney’s Office (May 2011). Click to read more.

civil_rights_liability_litigation

Michael Condon and Mike Bersani, Civil Rights Liability and Jail Litigation, a presentation for the Illinois Sheriff’s Association, 2010 New Sheriff’s Management Institute (Nov. 2010). Click to read more.

trends_and_tasers

Michael Condon and Mike Bersani, Trends and Case Law on the Use of Tasers, a presentation for Illinois Sheriff’s Association Chief Deputy/Jail Administrator Conference (Apr. 2010). Click to read more.

illinois_institute_government_law

Mike Bersani, Civil Rights Update, a presentation at the 17th Annual Conference of the Illinois Institute for Local Government Law (Feb. 2010). Click to read more.

midwest_law_enforcement_executive

Chuck Hervas and Mike Bersani, “Less than Lethal” Force: Trends and Case Law on the Use of Tasers, a presentation for the Midwest Law Enforcement Executive Development Seminar (MLEEDS) (Aug. 2009). Click to read more.

strip_and_body_cavity_searches

Mike Bersani and Michael Condon, Strip and Body Cavity Searches of Pretrial Detainees: The Judiciary’s “Hands On” Approach to Jail Administration, a presentation to the Illinois Sheriffs’ Winter Conference (2009). Click to read more.

Civil_Rights_update

Mike Bersani, Civil Rights Update, a presentation at the 16th Annual Conference of the Illinois Institute for Local Government Law (Feb. 2009). Click to read more.

use_of_tasers

Mike Bersani, Less than Lethal Force: Trends and Case Law on the Use of Tasers, a presentation at the 16th Annual Conference of the Illinois Institute for Local Government Law (Feb. 2009). Click to read more.

strip_cavity_searches

Michael Condon and Mike Bersani, Strip and Body Cavity Searches of Pretrial Detainees: The Judiciary’s “Hands On” Approach to Jail Administration, a seminar for Illinois Sheriff’s Association 2009 Deputy/Jail Administrator Conference (May 12-14, 2009). Click to read more.

in_service_police_training

Chuck Hervas and Michael Condon, Use of Deadly Force Incidents and Civil Liability Issues – Cultural Diversity, a presentation for the Hoffman Estates Police Department In-Service Training and the Illinois Tactical Officers Association (Oct. 2004). Click to read more.

lititgating_officer_involved_shootings

Michael Condon, Litigating Officer Involved Shootings – Use of Deadly Force, a presentation for Hoffman Estates Police Department In-Service Seminar, Governmental Interinsurance Exchange (Apr. 2004). Click to read more.

officer_involved_shootings

Michael Condon, Managing Officer Involved Shootings – Use of Deadly Force, a seminar for NEMERT Police Training Seminar (Nov. 2003). Click to read more.

use of deadly force

Michael Condon, Use of Deadly Force, Training Seminar, a seminar for the Des Plaines Police Department and the Illinois Tactical Officers Association (2000). Click to read more.

use_of_force

Michael Condon, Use of Force Legal Liability, a seminar for Winnetka Police Department (2000). Click to read more.

Training: Local Gov't Litigation

Tort Immunity 2017

Yordana Wysocki, Tort Immunity Act 2017 Update, a presentation for the DuPage Bar Association’s Local Government MCLE (Feb. 2017), with Kirsten Casas. Click to read more.

lawsuits_against_local_government

Chuck Hervas, The Landscape of Lawsuits Against Local Governments – Why are Public Officials Easy Targets?, a presentation at the APWA, Chicago Metro Chapter, Municipal Law Seminar (Mar. 2015). Click to read more.

illinois_tort_immunity_act

Mike Bersani, A Nuts and Bolts Look at the Illinois Local Governmental and Governmental Employees Tort Immunity Act, a presentation at HCC Public Risk Attorney Claims Seminar (July 2014). Click to read more.

Notable Cases: Local Gov't Litigation

local_governement_litigation

Son brought suit on behalf of his father’s estate after his father was killed in a train and car collision in Vance Township, Illinois. Son argued that the township improperly designed the crossing to include an ultrahazardous approach and then failed to maintain the signage to the south of the crossing. Michael Condon and Yordana Wysocki represented the defendant township in the case and won summary judgment. Arnold v. Norfolk Southern Railway Co., No. 10 L 11 (Vermillion County 2015).

local_governement_litigation

Mother brought suit as special administrator of the estate of her daughter following a fatal car crash in Kankakee. Plaintiffs alleged that the county should have implemented a plan to improve a known dangerous intersection. Michael Condon and Jason Rose successfully filed a motion to dismiss on tort immunity grounds. Little v. Kankakee, No. 13 L 131 (Kankakee County 2015).

local_governement_litigation

Losing candidate for the office of village president sued county clerk alleging irregularities and problems with the ballots during the 2013 election. Michael Condon represented the county clerk and successfully won a motion to dismiss. Watson v. Clark, No. 13 MR 331 (Kankakee County 2015).

local_governement_litigation

Decedent’s wife brought suit after her husband committed suicide by cop by approaching the Marshall County deputy with a knife raised. Michael Condon and Jason Rose successfully won summary judgment for the deputy. The decision was affirmed on appeal. Sheets v. Strawn, 2012 IL App (3d) 110659-U. Click to read more.

local_governement_litigation

Plaintiff sued after tripping and falling on an uneven sidewalk and breaking her arm. Mike Bersani and Yordana Wysocki successfully defended the Village before both the trial court and appellate court, asserting immunities under the Tort Immunity Act. Harms v. Vill. of Romeoville, 2011 IL App (3d) 100858-U. Click to read more.

local_governement_litigation

Parents of deceased teenage daughter sued Village for failing to enforce its municipal code regarding sightlines at the intersection where daughter was killed in a car accident. Mike Bersani successfully argued that the Illinois Tort Immunity Act barred the claims and that the Village did not have a duty of care to enforce its ordinance. Pouk v. Vill. of Romeoville, 405 Ill. App. 3d 194 (3d Dist. 2010). Click to read more.

local_governement_litigation

Intoxicated motorist killed in accident after high speed chase by police.  Appellate court upheld summary judgment in favor of Warrenville police officer finding that officer’s conduct was not the proximate cause of motorist’s death. Kimber v. City of Warrenville, 248 Ill. App.3d 361, 617 N.E.2d 1263 (2nd Dist. 1993).  The officer was represented by Chuck Hervas and Mike Bersani. Click to read more.

Training: Municipal And Park District Law

law_enforcement_supervisor

Chuck Hervas and Mike Bersani, Liability Risks of the Law Enforcement Supervisor – A Trial Lawyer’s Perspective, a training seminar for the Village of Melrose Park Police Department (Nov. 2012). Click to read more.

representing_public_employees

Michael Condon, Conflicts Representing Public Employees, a seminar for Illinois Institute for Local Government Law (Feb. 2009). Click to read more.

public_officials

Michael Condon, Legal Training Issues, a seminar for West Suburban Chiefs of Police Association (Nov. 2007).

racial_profiling

Chuck Hervas and Michael Condon, Racial Profiling: Legal and Departmental Issues, a seminar for the Warrenville Police Department Training Seminar (Sept. 2001). Click to read more.

law_enforcement

Michael Condon, Social Attitudes About Law Enforcement, a seminar for DuPage County Police Chiefs (Jan. 2001). Click to read more.

racial_profiling_seminar

Chuck Hervas and Michael Condon, Racial Profiling Training, a seminar for Bensenville Police Department (Oct. 2000). Click to read more.

Notable Cases: Municipal and Park District Law

public_officials

A billboard company tenant challenged the Village’s authority to enforce an agreement with the property owner that conditioned zoning on the removal of the billboard. HC&B attorney Chuck Hervas successfully defended the Village’s actions, and the Court upheld the agreement. CBS Outdoor, Inc. v. Vill. of Itasca, 2011 IL App. (2d ) 101117. Click to read more.

public_officials

Village of Itasca sued local business and Village of Lisle for conspiring to establish sham sales office in Lisle for purpose of falsely reporting sales taxes as originating in Lisle. Illinois appellate court held that Itasca could sue for declaratory and injunctive relief for false tax situs reporting. Village of Itasca v. Village of Lisle, 352 Ill. App. 3d 817 N.E.2d 160 (2nd Dist. 2004). Click to read more.

public_officials

Interracial married couple sued the village for limiting the number of children that could be served in couple’s home day care business. A federal judge found no evidence of racial motive. The village was represented by Mike Bersani. Roberts v. Village of Shorewood. Click to read more.

public_officials

Neighboring residents sued the village for special use permit granted to construct two five-story condominium buildings. Plaintiffs claimed, among other things, that their cross-examination rights during plan commission public hearing were violated. Both trial and appellate court disagreed and upheld village’s ordinances. The village was represented by Mike Bersani and Chuck Hervas. Aspito v. Village of Itasca (DuPage County 2005).

public_officials

Landowner sued the village for denial of use of dirt road located on village property to access proposed marina project. Illinois appellate and trial courts limited scope of landowner’s rights and held that landowner could not use road to develop marina. The village was represented by Mike Bersani.  Limestone v. Village of Lemont, 284 Ill. App. 3d 848 (1st Dist. 1996)Click to read more.

public_officials

Local landowner sued for disconnection from village. The village argued that landowner could not disconnect because property was subject to current annexation agreement. Illinois circuit court agreed and dismissed petition for disconnection. The village was represented by Chuck Hervas and Mike Bersani. Quality Screw & Nut Corp. v. Village of Itasca. 

public_officials

Landowners were denied variance to split lot in order to build two single-family detached homes. Illinois appellate court upheld denial because the two lots lacked adequate area to qualify as buildable lots under village ordinance. The village was represented by Michael Condon and Mike Bersani. D’Amico v. Village of Palos Park. 

public_officials

County denied landowners’ request for special use and variance to operate religious school. Circuit court held that county’s ordinance did not violate landowners’ religious freedoms. The Village was represented by Chuck Hervas. Anthony v. Kankakee County, 304 Ill. App. 3d 1040 (3rd Dist. 1999).

public_officials

Landowner claimed that several villages and public officials illegally conspired to prevent the construction of low-income housing. Federal appellate court held that developer could not recover lost profits and otherwise limited developers’claims. The Village was represented by Chuck Hervas and Mike Bersani. Creek v. Westhaven, 80 F.3d 186 (7th Cir. 1996).

Training: Employment Matters

Harassment Free Diversity Workplace Awareness

Michael Bersani and Anthony Becknek, Harassment-Free & Diversity Workplace Awareness Training for Supervisors, a presentation for the Melrose Park Police Department and Tokio Marine – Public Risk Group (Oct. 2016). Harassment-Free & Diversity Workplace Awareness Training for Supervisors 10.2016

Police and Fire Disciplinary Process

Chuck Hervas, Police & Fire Disciplinary Process, a presentation for the DuPage County Bar Association’s Local Government MCLE Meeting (Nov. 2016). Click to read more.

harassment

Mike Bersani and Anthony Becknek, Harassment-Free & Diversity Workplace Awareness Training for Supervisors, a presentation for the Melrose Park Police Department and Tokio Marine – Public Risk Group (Oct. 6, 2016).Click to read more.

illinois_local_government_lawyers

Chuck Hervas, PSEBA Presentation, Illinois Local Government Lawyers Association Fall Seminar (Oct. 2015). Click to read more.

represent_local_government

Mike Bersani, The Basics You Need to Represent Local Governments: The Personnel Record Review Act, a presentation at the ISBA Law Ed Seminar (2009). Click to read more.

retailiation_claims

Mike Bersani, Employment Retaliation Claims: The Pendulum May be Swinging Back, a presentation at the Midwest Law Enforcement Executive Development Seminar (MLEEDS) (2008). Click to read more.

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Michael Condon and Mike Bersani, Harassment in the Workplace – An Overview, a seminar for Lorman Education Services (Apr. 2005). Click to read more.

Notable Cases: Employment Matters

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Former police officer sued, seeking benefits under the Public Safety Employee Benefits Act (PSEBA) thirteen years after receiving his line-of-duty pension in 2000 for an injury sustained in 1993. The DuPage County Circuit Court granted summary judgment in the village’s favor, and the appellate court affirmed, holding that the officer’s claim was time-barred since his suit was filed over a decade after receiving his line-of-duty pension. Chuck Hervas represented the Village. Hancock v. Vill. of Itasca, 2016 IL App (2d) 150677 Click to read more.

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A police officer was terminated after he had two altercations with anti-abortion demonstrators while on and off duty. The Board of Police and Fire Commissioners found his testimony untruthful and his abusive and degrading conduct unbecoming of an officer. The District Court granted summary judgment in favor of the city and commissioners and found that the officer’s statements were not constitutionally protected under First Amendment because the state’s interests in running an efficient and effective police department outweighed his speech interests and that his speech directly conflicted with his responsibilities as a police officer. The Seventh Circuit Appellate Court affirmed. Chuck Hervas represented the commissioners during the proceedings. Lalowski v. City of Des Plaines, 789 F.3d 784, 787 (7th Cir. 2015). Click to read more.

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Chuck Hervas effectively prosecuted charges filed by the Chief of Police against Officer Stephen Peterson for misconduct stemming from Stephen’s acceptance and concealment of weapons and money from his father, Drew Peterson, during an Illinois State Police investigation into the disappearance of Drew’s wife. After he was terminated by the Police and Fire Commission, Officer Stephen Peterson filed suit for administrative review. HC&B attorney Chuck Hervas successfully defended the decision of the Commission before the DuPage Circuit Court and the Second District Court of Appeals. Peterson v. Vill. of Oak Brook, 2013 IL App (2d) 130388-U. Click to read more.

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Police officer applicant sued chief of police for failing to hire him on account of his race. Following a hung jury, a federal judge held that there was insufficient evidence of discrimination to warrant a retrial. Mike Bersani and Jason Rose successfully tried the case. The Village of Sugar Grove was represented by Michael Condon and Jason Rose in the case. Pirela v. Village of Sugar Grove, 966 F. Supp. 661 (N. D. Ill. 1997). Click to read more.

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Probationary female police officer sued five supervisors from the Village of Lombard for alleged sexual harassment and unlawful termination. Federal jury rendered verdict in favor of police supervisors after a three-week trial. Michael Condon represented the Lombard defendant officers at trial. Murray v. Kutzke, 967 F. Supp. 337 (N.D. Ill. 1997)

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Former deputy sheriffs sued sheriff, claiming that they were fired in retaliation for the support of sheriff’s opponent. The federal appeals court held that the sheriff was entitled to qualified immunity, since it was not clearly established at time of the firings that deputies were protected from patronage firings. Chuck Hervas and Michael Condon represented the Sheriff in the case. Upton v. Thompson, 930 F.2d 1209 (7th Cir. 1991).

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Mike Bersani represented Pace Bus Company in suit by former Pace bus driver alleging that he was terminated because of a medical disability in violation of the Americans With Disabilities Act. Federal court held that termination was lawful because plaintiff had failed to pass medical evaluation required by Pace policy and federal regulations. Green v. Pace Suburban Bus, 02 C 3031, 2004 WL 1574246 (N.D. Ill. 2004)Click to read more.

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Female police officer sued village for violation of ADA and Title VII.  Federal court dismissed case and held that village’s reason for placing officer on administrative leave and ordering her to undergo psychological exam was not a pretext for discrimination.  Davis-Durnil v. Village of Carpentersville, 128 F.Supp.2d 575 (N.D. Ill. 2001). Click to read more.

employment_matters

Jury verdict in favor of former chief of police and deputy chief who were fired from their jobs with the town of Cicero in retaliation for cooperating with a federal corruption investigation. Jury awarded plaintiffs $1.7 million. Niebur v. Town of Cicero, 212 F. Supp. 2d 790 (N.D.Ill. 2002).

employment_matters

Jury verdict for police lieutenant who was subjected to termination proceedings in retaliation for his support of mayor’s opponent. Jury awarded lieutenant $12.5 million. Case was tried by Chuck Hervas and Mike Bersani. Comanda v. City of Country Club Hills, No. 99 C 1708 (N.D. Ill. 2001).

employment_matters

Former Itasca police officer sued for administrative review stemming from his termination by local police board for lying during internal investigation. Appellate Court upheld termination.  Chuck Hervas successfully defended the police board. Valio v. Bd. of Fire and Police Commissioners of Village of Itasca, 311 Ill. App. 3d 321 (2nd Dist. 2000). Click to read more.