AMERICAN LIBERTY INS. CO. v. CITY OF JOLIET, ILL.

No. 88 C 760.

711 F.Supp. 455 (1989)

AMERICAN LIBERTY INSURANCE COMPANY, Plaintiff, v. CITY OF JOLIET, ILLINOIS; Frederick Breen, Chief of Police of the City of Joliet; Fred B. Hafner, Joliet Police Sergeant; Terri Neverman, Teri Ferbend, Richard Klepfer, Fred Fronek, Robert Kerwin, Kevin Cronin, Richard Goepper, Art Huffstudler, and Larry Taylor, Joliet Police Officers; WJRC, Inc., a Delaware corporation; 1986 WJRC Classic Summer Spectacular; Mark M. Jonas; Jack M. Tannehill; and Charles W. Struve, Jr., Defendants.

United States District Court, N.D. Illinois, E.D.

April 20, 1989.


Attorney(s) appearing for the Case

Victor J. Piekarski, Ellyn B. Dorf, Michael Resis, Dennis A. Marks, Querrey & Harrow, Ltd., Chicago, Ill., for plaintiff.

Ronald F. Neville, Walsh, Neville, Pappas & Mahoney, Chicago, Ill., Thomas A. Thanas, Michael R. Phillips, Norma J. Guess, Jeffrey S. Plyman, Joliet, Ill., for defendants.


MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

This case presents an interesting example of how inattention to the words of a contract can thwart a municipality's attempt to shift risks for liability under 42 U.S.C. § 1983 (1982). Cities and counties would be well advised to monitor such arrangements carefully, or else avoid accepting responsibilities for which the law of municipal liability is not well-established.

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