GILLESPIE v. CITY OF MAROA

No. 17441.

104 Ill. App.3d 874 (1982)

433 N.E.2d 688

DAN E. GILLESPIE, Plaintiff-Appellee, v. THE CITY OF MAROA, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed March 11, 1982.


Attorney(s) appearing for the Case

Brown, Hawkins, Basola & Mattingley, of Decatur (Gregory A. Mattingley, of counsel), for appellant.

Harry J. Westfall, of Decatur, for appellee.


Judgment reversed.

JUSTICE MILLS delivered the opinion of the court:

Arrest by city police officer for disorderly conduct — no charges filed — City and officer sued for unlawful arrest — out of court settlement between arrestee and officer — suit against officer dismissed with prejudice.

Must the City now indemnify the officer for the amount of the settlement?

No.

We reverse.

On September 16, 1973...

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