An Illinois appeals panel has ruled attorneys for Chicago Police whistleblower Lorenzo Davis, deserve nearly as much in fees - which will be paid by the city - as Davis collected in his suit against the city for firing him, saying the attorneys served Davis and the public well.
The Dec. 11 decision was authored by Justice Mary Rochford, with concurrence from justices Thomas Hoffman and Mathias Delort, of the Illinois First District Appellate Court. The ruling was filed under Supreme Court Rule 23.
The decision favored Hamilton Law Office, of Chicago, in its dispute with the city of Chicago over fees for representing Lorenzo Davis. The law office is comprised of lawyers Torreya Hamilton and Kathleen Hennessy, who have handled a number of lawsuits claiming police misconduct.
Illinois First District Appellate Justice Mary Rochford
| Illinoiscourts.gov
Davis, who is a lawyer, retired as a Chicago Police commander, then went to work for the Independent Police Review Authority, a civilian board set up by the city to investigate claims of excessive force by police. The Authority existed from 2007 to 2017, when it was replaced by the Civilian Office of Police Accountability.
Davis alleged the Authority's chief administrator booted him after he refused to alter findings that officers engaged in excessive force. Davis, using Hamilton Law Office, sued the city in 2016, eventually winning a jury award of $751,470 for back pay and $2 million for emotional distress. On appeal by the city, the emotional distress award was reduced to $100,000. However, Davis refused to accept the reduction and demanded a new trial on emotional distress damages, which is yet to take place.
Before the award was reduced, the presiding judge, James E. Snyder, agreed to Hamilton's request to order the city to pay Hamilton's fees of $623,660 and costs of $36,594.
The city appealed, arguing the fee amount was too high, since Davis' award had been substantially reduced and so the benefit Hamilton furnished Davis was lessened.
Justice Rochford refused to cut the fees, saying, "There was a reasonable connection between the attorney fees and the benefit received by plaintiff."
Rochford pointed out that as it stands, Davis still receives more than $750,000 in compensation — "significant" in Rochford's view — and $100,000 for distress, which totals more than the fees sought by Hamilton.
According to Rochford, the fee "was not overly generous" in relation to the money slated for Davis.
In addition, there was a "public benefit" to Hamilton's work, because Davis' litigation "exposed how the chief administrator and deputy chief administrator of the IPRA improperly pressured subordinates to cover up police misconduct," Rochford noted.
The city has been represented by corporate counsel.