JAMES COLTER,a/k/a Robin Elliott, and JENNER & BLOCK, Claimants, v. THE STATE OF ILLINOIS, Respondent.
Case summary
Claimants sought indemnification under the Representation and Indemnification Act for a settlement in a civil rights suit against state officers. The court found the officers acted within their employment scope and assigned their rights to claimants, awarding $1,000 to James Colter and $2,000 to Jenner & Block.
Statutes cited: Ill. Rev. Stat. 1981, ch. 127, par. 1301 et seq.
Cases cited: Colter v. Rowe (No. 78-CC-0429)
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Headnotes
- TYRONE C. F AHNER , Attorney General (WILLIAM R. WALLIN,Assistant Attorney General, of counsel), for Respondent.
- REPRESENTATION AND INDEMNIFICATION Am-purpose Of Act. Representation and Indemnification Act allows State officer or employee to have representation by Attorney General and indemnification for damages awarded, court costs and attorney fees when he is sued in civil proceeding in which plaintiff alleges deprivation of civil or constitutional right arising from act occurring within scope of employment of officer or employee.
- PnIsoNEns AND INMATES-Representation and lndemnification Act-claim allowed. Claim allowed under Representation and Indemnification Act where Claimant sued several State officers and employees for violation of constitutional rights while Claimant was inmate in correctional facility and that action was settled by agreement by which the State officers and employees assigned their rights under the Representation and Indemnification Act to Claimant and the evidence established that the State officers and employees would have been entitled to indemnification.
This is a claim pursuant to “An Act to provide for representation and indemnification” (Ill. Rev. Stat. 1981, ch. 127, par. 1301et se9.) (herein the Representation and Indemnification Act). Claimant, James Colter, sued several State officers and employees in a case entitled Colter v . R owe (No. 78-CC-0429),in which he alleged violation of rights guaranteed by the eighth and fourteenth amendments to the United States Constitution while he was an inmate in the Stateville Correctional Center. Claimant, Jenner & Block, represented James Colter in that proceeding. That case was settled by an agreement dated June 17, 1982, which provided that the defendant State officers and employees pay $1,000 to James Colter and $2,000 to Jenner & Block. The State officers and em[*879]879 l ployees assigned their rights to indemnification to the I'
Claimant. I
Under the Indemnification and Representation Act, a State officer or employee is entitled to representation by the Attorney General and indemnification for damages awarded, court costs, and attorney fees when he is sued in a civil proceeding in which the plaintiff alleges deprivation of a civil or constitutional right arising out of an act or omission occurring within the scope of his employment. The Act was passed in response to developments in Federal law which subjected State officers and employees to Federal suit.
Whether Claimants here are entitled to awards de- l pends on whether the State officers and employees would be. The State officers and employees sued were all officers or employees of the Department of Corrections and were represented by the Attorney General.
Thus, he has determined that the State officers and employees were entitled to the benefits of the Act.
We have examined the complaint and settlement agreement and have determined that the State officers and employees sued would be entitled to indemnification. They were acting within the scope of their employment. The Court did not find that the conduct was intentional, willful or wanton. We further find that the State officers and employees have assigned their right to Claimants here and that awards to Claimants are just and reasonable.
Claimant, James Colter, is hereby awarded $1,000.00, and Claimant, Jenner & Block, is awarded $2,000.00.