Saying the village of Dolton has been financially mismanaged into insolvency by scandal-plagued Mayor Tiffany Henyard, attorneys representing families of two men killed in a police chase car crash have asked a Cook County court to potentially order the suburban village to raise taxes on residents to fund a $33.5 million jury verdict the families had won.
Kyles was killed and Dunlap severely injured in 2016 when a vehicle in which they were passengers crashed after it was pursued in a high-speed chase involving Dolton Police. The driver of the vehicle was identified as Demetrius Sorrels, who triggered the police chase when he allegedly skidded through a stop sign in Dolton.
Jon Loevy
| Youtube screenshot
Sorrels was charged with reckless homicide, and was sued by Kyle's and Dunlap's families, along with the village of Dolton.
In August 2022, a Cook County jury ordered the village of Dolton to pay the families $33.5 million. That verdict has been appealed.
However, the families of Kyle and Dunlap say enforcement of the verdict has not been put on hold by the court pending appeal, as the village never filed a motion with the court to stay the verdict while the appeal plays out.
The families of Kyle and Dunlap and their attorneys are seeking a court order, known as a writ of mandamus, to force the village to pay the families.
The petition notes that under Illinois law, that verdict continues to grow larger, as interest is tacked on. The complaint estimates the payout increases by 6% annually, or more than $2 million each year it remains unpaid.
While the judgment is under appeal, the lawyers, on behalf of the families, say that payment is "endangered" by "a breakdown of governance within the Village of Dolton."
"Plaintiffs have reason to fear that Dolton, if not ordered to take affirmative steps to
marshal assets to satisfy the judgment, will continue to fail to pay and that Dolton will dissipate
and divert assets that might be otherwise be available to satisfy the judgment," the complaint said.
At the center of the controversy stands Dolton Mayor Tiffany Henyard. She also serves as supervisor in Thornton Township, where she earns a salary of more than $200,000 per year.
For years, Henyard has stood as a lightning rod for complaints of misgovernance and mismanagement and accusations of public corruption and lawlessness in both Dolton and Thornton Township.
Other village officials in Dolton have accused Henyard of misusing village police for her own personal security, and of violating state law for refusing to fulfill lawful public information requests.
Members of the Dolton village board of trustees have accused Henyard of financial mismanagement, asserting she has regularly racked up charges of $50,000 per month on a village credit card, with little explanation for the charges.
Columnist Ted Slowik in the Daily Southtown has asserted it is believed Henyard has commingled “township and village funds and paying for gasoline for residents, continually throwing catered parties and spending big bucks on hair, makeup, photography and graphic design for promotions like billboards that misspelled Thornton Township.”
A report published by Illinois Answers and Fox32 has further asserted Henyard “funneled thousands of dollars in taxpayer money to a private foundation that bears her name,” but officially led by Thornton Township and Dolton village employees. The foundation ostensibly supports survivors of cancer. The report further accuses Henyard of authorizing thousands more in specious expenses for a group bicycle ride in Springfield, and for two ice rinks that were never authorized by the village board.
Last December, Illinois Attorney General Kwame Raoul's office demanded financial reports from Henyard's purported charity, but those demands were not fulfilled by the deadline of Jan. 12, according to published reports.
Published reports have also indicated the FBI is looking into Henyard's management in Thornton Township.
Henyard has also staved off an attempt to recall her from office, thanks to a win in court.
In the new complaint, the Loevy attorneys pointed to the abundance of well-publicized corruption accusations against Henyard, noting the accusations have even placed the small suburban community into a national spotlight.
"As a result of Mayor Henyard's misconduct and defalcation, the village of Dolton's budget has gone from a surplus to a $5 million deficit," the plaintiffs said. "The Village of Dolton is insolvent."
The complaint further asserts Dolton's insurance coverage is inadequate to pay the judgment.
And they note the village of Dolton, under Henyard, has refused to pay other judgments, including money owed to the city of Chicago for the village's water since at least 2018.
The plaintiffs assert Illinois law doesn't leave municipal governments any ability to avoid paying damages ordered by courts, whether allegedly insolvent or not.
The complaint argues the law empowers courts to order the village to do what is needed to cover the cost of judgments, including issuing bonds to borrow the money and raising the cost of fees and taxes paid by village residents.
"Without granting the mandamus and other relief requested in this complaint, Plaintiffs have a dim chance of being paid the judgment because there has been a complete breakdown of the Village of Dolton's accounting internal controls, and checks and balances...," the lawsuit said.
Plaintiffs are represented by attorneys Jon Loevy, Arthur Loevy, Locke Bowman and Quinn Rallins, of the Loevy firm; and attorney Dan Stohr, of Chicago.