CHICAGO — A state appeals panel has reversed a Cook County judge’s ruling and determined a former Dolton police officer, who publicly clashed with his chief and village officials, can’t collect $100,000 in attorney fees as part of a settlement of his whistleblower retaliation claims.
David Graham sued the village of Dolton and Police Chief Robert Collins in Cook County Circuit Court in September 2017. He alleged they deprived him of his salary and benefits while he was off on medical leave as an illegal response to complaints Graham made to village, county and federal authorities earlier in the decade. He alleged the village and police chief violated the state Whistleblower Act, Public Employee Disability Act and Wage Payment and Collection Act.
The leave, which started in June 2017, was attributed to lingering injuries from a head injury he suffered while on duty in 2014. According to court documents, Graham first made whistleblower complaints in 2010 to the FBI, as well as to the Cook County Public Corruption and Financial Crimes Unit. Collins did not become chief until 2015, after which Graham filed complaints directly with Collins.
Patrick J. Walsh
| Walsh Law Group P.C.
The parties settled in July 2019. In the deal, the village continued to deny Graham’s allegations, but placed Graham on paid leave for 14 months, retroactive to May 1, 2019, among other provisions.
After the parties finalized the settlement, Graham filed a petition to recover legal fees as the prevailing party. He also argued that since the settlement terms entitled him to Employee Disability Act benefits, he could collect under two state laws, known as the Attorney Fees in Wages Actions Act and the Wage Payment and Collection Act.
Cook County Judge James Snyder largely sided with Graham, writing both sides agreed Graham “was the prevailing party” in his lawsuit and that Dolton and Collins didn’t object to the rate his legal team charged.
The village and Collins appealed, arguing Snyder incorrectly concluded the settlement established a contract under which the village could be made to pay for Graham’s lawyers.
The Illinois First District Appellate Court ruled on the appeal in an order issued Feb. 5.
Justice Maureen Connors wrote the decision; Justices Mary Mikva and Sharon Johnson concurred. The order was issued under Supreme Court Rule 23, which restricts its use as precedent.
The three-justice panel said the settlement agreement language concerning who is the prevailing party isn’t sufficient to uphold Graham’s position.
“Although this provision provides that plaintiff is the prevailing party for purposes of his fee petition, it does not expressly provide that the parties agreed that plaintiff, as the prevailing party, is entitled to recover attorney fees from defendant in the underlying action," Connors wrote.
The panel said another section of the agreement “did expressly set forth which party would be responsible for attorney fees if either party is forced to file an action for breach of the agreement,” a fact bolstering the village’s position the entire settlement can’t be considered a contract compelling it to pay Graham's attorney fees.
Furthermore, the panel explained, it didn’t need to consider Graham’s contention he is entitled to a fee reimbursement under the Wage Payment and Collection Act. It remanded the matter to Cook County Circuit Court to address whether there is a law that does entitle Graham to legal fees.
The panel also didn’t consider Graham’s cross-appeal argument that Snyder erred when reducing his requested fees and costs by 40 percent.
Graham has been represented in the action by attorney Patrick J. Walsh, of Geneva.
The village of Dolton has been represented by the firm of Rosenthal Murphey Coblentz & Donahue, of Chicago.