Brown v. Smith et al
Filing
85
ORDER & OPINION granting 83 Motion. Entered by Judge Joe Billy McDade on 8/8/2019. See full written Order. (VH, ilcd)
1:18-cv-01168-JBM-JEH # 85
Page 1 of 5
E-FILED
Friday, 09 August, 2019 11:43:59 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
DAVID BROWN II,
as Independent Administrator of the
Estate of David Brown,
Plaintiff,
v.
MATT SMITH, individually
and in his official capacity;
WOODFORD COUNTY, ILLINOIS;
WILLIS SURRATT; GARY HARRIS;
JOSEPH HITCHINS; TERRA
SHAFFER; DARIN
HOUSEHOLTER; DOUG
FLETCHER; DANIEL THOMPSON;
COURTNEY SOTO; KYLE DURST;
JIM ELLIOTT; ROBERT PLOPPER;
SHANE AMIGONI; JOE SOTO;
CHAD PYLES; KELSEY
KOWALSKI; ADVANCED
CORRECTIONAL HEALTHCARE,
INC.; JASON SCOTT SO; and ROBIN
SIMPSON;
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. 1:18-cv-1168
ORDER & OPINION
This matter is before the Court on an Unopposed Motion for a Finding of Good
Faith Settlement (Doc. 83), jointly filed by Plaintiff David Brown II, as Independent
Administrator of the Estate of David Brown, and Defendants Woodford County,
Illinois; Woodford County Sheriff Matt Smith; and Woodford County Sheriff’s
Deputies Willis Surratt, Gary Harris, Joseph Hitchins, Terra Shaffer, Darin
Householter, Doug Fletcher, Daniel Thompson, Courtney Soto, Kyle Durst, Jim
1:18-cv-01168-JBM-JEH # 85
Page 2 of 5
Elliott, Robert Plopper, Shane Amigoni, Joe Soto, Chad Pyles, and Kelsey Kowalski.
The Motion is ripe. For the following reasons, the Motion is GRANTED.
BACKGROUND1
David Brown died while in custody at the Woodford County Jail in April 2017.
(Docs. 79 at 2; 82 at 2). Following Mr. Brown’s death, Plaintiff, in his capacity as the
independent administrator of Mr. Brown’s estate, filed this lawsuit. (Docs. 79 at 2; 82
at 2). The defendants can be separated into two groups: the County Defendants and
the Medical Defendants. The County Defendants include Woodford County, Illinois;
Woodford County Sheriff Matt Smith; and Woodford County Sheriff’s Deputies Willis
Surratt, Gary Harris, Joseph Hitchins, Terra Shaffer, Darin Householter, Doug
Fletcher, Daniel Thompson, Courtney Soto, Kyle Durst, Jim Elliott, Robert Plopper,
Shane Amigoni, Joe Soto, Chad Pyles, and Kelsey Kowalski. The Medical Defendants
include Advanced Correctional Healthcare, Inc. (ACH), Dr. Jason Scott So, and Nurse
Robin Simpson; the latter two were employed by ACH at all times relevant to this
case. (Docs. 79 at 3–4; 82 at 2).
The Third Amended Complaint alleges (1) a claim under 42 U.S.C. § 1983
against Defendants Surratt, Harris, Hitchins, Shaffer, Householter, Fletcher,
Thompson, C. Soto, Durst, Elliott, Plopper, Amigoni, J. Soto, Pyles, Kowalski, Dr. So,
and Nurse Simpson for “deliberate indifference to Mr. Brown’s serious medical needs”
and “their failure to intervene”; (2) an Illinois law claim for willful and wanton
The facts in this section are limited to those necessary to provide context for the
instant Motion; they are either facts admitted in the Defendants’ answers or are facts
of procedural history that cannot reasonably be disputed.
1
2
1:18-cv-01168-JBM-JEH # 85
Page 3 of 5
negligence against Defendants Surratt, Harris, Hitchens, and Shaffer as well as
Smith and Woodford County on a respondeat superior theory; (3) an Illinois law claim
for indemnification against Defendants Smith and Woodford County under 745 ILCS
10/9-102; and (4) an Illinois law claim for medical malpractice against Dr. So and
Nurse Simpson as well as ACH on a respondeat superior theory. (Doc. 79 at 10–11).
DISCUSSION
Plaintiff has reached a settlement with the County Defendants. Plaintiff and
the County Defendants jointly ask this Court to find the settlement was reached in
good faith. (Doc. 83). The Motion states the Medical Defendants do not oppose a
finding of good faith, so long as the instant settlement sets off any judgment for
damages awarded in this case against the Medical Defendants.2 (Doc. 83 at 5).
Absent a full briefing by the parties, the Court is disinclined to definitively
state whether Illinois law or federal common law applies to the instant issues at this
stage of the proceedings. However, the lack of opposition to a finding of good faith by
the Medical Defendants (i.e., the nonsettling parties) is significant. See Antonicelli v.
Rodriguez, 2018 IL 121943, ¶ 23, 104 N.E.3d 1211 (stating, under Illinois law, the
nonsettling party bears the burden of proving, by a preponderance of the evidence,
the absence of good faith)3; Fox ex rel. Fox v. Barnes, No. 09-cv-5453, 2013 WL
The time for filing a response in opposition to the instant Motion has passed.
Under Illinois law, “[t]he settling parties have the initial burden of making a
preliminary showing of good faith under the [Joint Tortfeasor] Contribution Act[,]
and that burden “is met with proof of a legally valid settlement agreement.”
Antonicelli, 2018 IL 121943, ¶ 23. The settling parties attached a copy of their
settlement agreement to the instant Motion. (Doc. 83-1). The Court has no reason to
question the legal validity of the agreement, as it appears to be a bargained-for
2
3
3
1:18-cv-01168-JBM-JEH # 85
Page 4 of 5
2111816, at *10 (N.D. Ill. May 15, 2013) (noting, under federal law, the burden of
proving bad faith is on the nonsettling party (citing King v. Acosta Sales & Mktg.,
Inc., 678 F.3d 470, 474 (7th Cir. 2012), and Banks ex rel. Banks v. Yokemick, 177 F.
Supp. 2d 239, 265 (S.D.N.Y. 2001)). Because the burden of proving the absence of
good faith lies with the nonsettling party under both Illinois and federal law, the
Medical Defendants’ lack of opposition to the instant Motion allows the Court to grant
the Motion regardless of which law applies.
As to the issue of setoff, both Illinois law and federal common law generally
permit the parties’ request that the Court find a setoff is warranted should a
judgment for damages be entered against the Medical Defendants in this case. See
Joint Tortfeasor Contribution Act, 740 ILCS 100/2(c) (stating a good-faith settlement
“reduces the recovery on any claim against [the nonsettling parties] to the extent of
any amount stated in the [settlement], or in the amount of the consideration actually
paid for it, whichever is greater”); McDermott, Inc. v. AmClyde, 511 U.S. 202, 208
(1994) (“It is generally agreed that when a plaintiff settles with one of several joint
tortfeasors, the nonsettling defendants are entitled to a credit for that settlement.
There is, however, a divergence among respected scholars and judges about how that
credit should be determined.”); Fox, 2013 WL 2111816, at *7 (N.D. Ill. May 15, 2013)
(finding Seventh Circuit precedent indicates the pro tanto approach, a dollar-fordollar setoff similar to that allowed by Illinois’ Joint Tortfeasor Contribution Act,
exchange supported by adequate consideration; thus, the Court finds the settling
parties met their initial burden under Illinois law, thereby shifting the burden to the
Medical Defendants, as the nonsettling parties, to prove the absence of good faith.
4
1:18-cv-01168-JBM-JEH # 85
Page 5 of 5
ought to apply in § 1983 cases). That being said, the parties are reminded that public
entities, such as Woodford County, and public employees acting in their official
capacity, such as the Woodford County Sheriff and his deputies, are immune from
punitive damages under 745 ILCS 10/2-102, meaning Illinois law prohibits the
instant settlement from offsetting an award for punitive damages. Similarly, Illinois
public policy prohibits the use of funds paid by an insurer, such as the settlement
here (Doc. 83-1 at 3), from being used to pay punitive damages.
CONCLUSION
THE COURT THEREFORE FINDS the settlement agreement between
Plaintiff David Brown II, as Independent Administrator of the Estate of David
Brown, and Defendants Woodford County, Illinois; Woodford County Sheriff Matt
Smith; and Woodford County Sheriff’s Deputies Willis Surratt, Gary Harris, Joseph
Hitchins, Terra Shaffer, Darin Householter, Doug Fletcher, Daniel Thompson,
Courtney Soto, Kyle Durst, Jim Elliott, Robert Plopper, Shane Amigoni, Joe Soto,
Chad Pyles, and Kelsey Kowalski was reached in good faith, and Defendants
Advanced Correctional Healthcare, Inc., Jason Scott So, and Robin Simpson are
entitled to a setoff consistent with applicable law and public policy.
SO ORDERED.
Entered this 8th day of August 2019.
/s Joe B. McDade
JOE BILLY McDADE
United States Senior District Judge
5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?