BELLEVILLE — A woman is suing Covenant Care Midwest Inc., doing business as Highland Health Care Center, and Cedar Ridge Health Rehab Center, alleging that they failed to treat multiple serious health issues.

Terri Dewalt filed a complaint on June 29 in St. Clair County Circuit Court against the defendants alleging that they violated the Abused and Neglected Long Term Care Facility Residents Reporting Act.

According to the complaint, the plaintiff alleges that on July 1, 2015, she developed a serious leg infection that resulted in illness while a resident at the defendants' health facility. Plaintiff claims she failed to receive the proper medication, care and services she needed and required for her to maintain a good mental or psychosocial status. As a result, Dewalt claims she suffered multiple infections, dehydration, malnutrition, pain and expenses for hospital and related medical care. The plaintiff holds the defendants responsible because they allegedly failed to provide the necessary care and services to prevent a decline in her abilities to perform activities of daily living, failed to make a comprehensive assessment of plaintiff's needs and failed to notify plaintiff's family of changes in her condition.

The plaintiff requests a trial by jury and seeks judgment in an amount in excess of $50,000 for costs, and any other relief the court deems just and proper. She is represented by Mark S. Peebles of Peebles & Associates LLC in Belleville.

St. Clair County Circuit Court case number 17-L-348

EDWARDSVILLE — A passenger is suing two motorists for allegedly causing a collision near the intersection of Horseshoe Lake Road and Bruns Road.

April Landry filed a complaint on July 3 in Madison County Circuit Court against Danielle Campbell and Bridget Sparks, alleging they failed to exercise reasonable care for other drivers on public roadways.

According to the complaint, Landry alleges that on July 28, 2016, she was a passenger in a motor vehicle driven by Campbell when they were struck by Sparks, causing serious and permanent injuries. 

As a result, Landry claims she incurred medical expenses in excess of $16,000. 

The plaintiff alleges Campbell and Sparks failed to keep a careful lookout, failed to yield the right of way and operated vehicles at an excessive rate of speed.

The plaintiff requests a trial by jury and seeks judgment in an amount that is in excess of $50,000, costs incurred any further relief the court deems just and proper. 

She is represented by Thomas G. Kemper of Butler & Kemper in Granite City.

Madison County Circuit Court case number 17-L-942

EDWARDSVILLE — A couple is suing attorney Bonnie Levo and her firm for allegedly incorrectly dividing an estate. 

Mark Stoyanoff and Sharon Stoyanoff filed a complaint on July 3 in Madison County Circuit Court against Bonnie Levo and Levo-Donohoo LLC, alleging they failed to exercise the ordinary skill associated with acting in the capacity of an attorney, including knowledge of legal drafting, research and writing.

According to the complaint, the plaintiffs allege that on July 1 they hired the defendants to oversee the division of the estate of Rachel Donohoo, who died and left a property to her heirs. The plaintiffs claim the deed prepared by the law firm was drafted incorrectly, affecting the allocation of interest of the heirs of the Donohoo estate. 

The plaintiffs allege the defendants failed to provide proper care, skill and knowledge, failed to amend or remedy the error and failed and refused to further represent the plaintiffs after the errors were discovered.

The plaintiffs request a trial by jury and seek judgment for an amount less than $50,000, costs of action and any other further relief the court deems just and proper. 

They are represented by Brian M. Wendler and Angie M. Zinzilieta of Wendler Law PC in Edwardsville.

Madison County Circuit Court case number 17-L-944

BELLEVILLE — A woman is suing a Ford dealership in Belleville, alleging she slipped and fell in the parking lot.

Sandra Gauch filed a complaint on June 27 in St. Clair County Circuit Court against Auffenberg Ford Belleville, alleging the defendant failed to maintain its premises in a safe condition.

According to the complaint, the plaintiff alleges that on Aug. 22, 2015, she was lawfully on the premises of the defendant's dealership when she slipped and fell on a liquid substance that was left unattended on the parking or sales lot. 

As a result, Gauch claims she suffered physical injuries, great pain and anguish and incurred medical expenses. 

The plaintiff alleges the defendant failed to provide a safe area for customers while walking in the parking lot, failed to do routine checks of the parking lot and failed to warn customers of the dangerous condition on the premises.

The plaintiff requests a trial by jury and seeks judgment in an amount in excess of $50,000, costs of suit and any other relief the court deems fair and reasonable. 

She is represented by Trent S. West of Glenn & West, Attorneys at Law in Nokomis.

St. Clair County Circuit Court case number 17-L-346

BELLEVILLE — A motorist is suing a mail service company and its driver for allegedly causing a collision that resulted in injuries.

Rick Hernandez filed a complaint on June 23 in St. Clair County Circuit Court against Robert Schmitt and Davis Mail Services Inc., alleging Schmitt failed to operate and maintain his vehicle in order to avoid injuring others.

According to the complaint, the plaintiff alleges that on May 2, 2016, he was driving westbound on the Martin Luther King Bridge when Schmitt allegedly struck the rear end of his vehicle while he was stopped/slowed in the westbound lane. Schmitt was operating a Davis Mail Services vehicle during the accident.

As a result, Hernandez claims he suffered serious and permanent injuries. 

The plaintiff alleges Schmitt failed to keep a careful lookout, failed to yield the right of way, failed to slacken his speed and keep his vehicle under control and operated his vehicle at an excessive rate of speed.

The plaintiff requests a trial by jury and seeks judgment in an amount that is fair and reasonable in an amount in excess of $50,000, and for costs incurred and any other relief the court deems just and proper. 

He is represented by Thomas G. Kemper of Butler & Kemper in Granite City.

St. Clair County Circuit Court case number 17-L-344

BELLEVILLE — A woman is suing a food manufacturer for allegedly selling products contaminated with salmonella.

Betty L. Bolt filed a complaint on June 22 in St. Clair County Circuit Court against Barber Foods LLC alleging that the defendant failed to ensure that its products were safe to eat and free of dangerous pathogens, including salmonella.

According to the complaint, the plaintiff alleges that on March 30, 2015, she and her husband purchased a box of the defendant's frozen chicken products at Sam's Club in O'Fallon. After consuming the products, Bolt's condition allegedly deteriorated over several days as she suffered from the classic symptoms of salmonellosis. 

As a result, Bolt claims she was hospitalized and diagnosed with food poisoning due to salmonella. 

The plaintiff alleges Barber Foods failed to adequately evaluate the sources of its chicken, failed to test its processing environment and products, failed to adopt and follow good manufacturing processes and failed to warn consumers that its products contain salmonella.

The plaintiff requests a trial by jury and seeks judgment in an amount in excess of $50,000, plus costs of suit and any further relief the court deems appropriate. 

She is represented by Timothy Stubblefield of Fairview Heights.

St. Clair County Circuit Court case number 17-L-337

EAST ST. LOUIS — A technology company is suing a former employee and his new employer for allegedly sharing confidential information.

Secure Data Technologies Inc. filed a complaint on July 3 in U.S. District Court for the Southern District of Illinois against Michael Donahue, of Missouri, and ATCI Incorporated, doing business as The Applied Group, alleging they violated the Illinois Trade Secrets Act.

According to the complaint, the plaintiff alleges that between November 2016 and May 2017, during the course of Donahue's employment, he accessed the company's confidential information and had the advantage of reviewing, choosing and storing relevant information to take and use in his new position with Applied Group. 

As a result, the plaintiff claims it lost customers, technology, its competitive advantage, trade secrets and goodwill. 

The plaintiff alleges the defendants used confidential information while Donahue was still employed by Secure Data Technologies and Donahue failed to comply with the non-disclosure agreement.

The plaintiff requests a trial by jury and seeks judgment for actual and punitive damages in excess of $75,000 concerning said breach, as well as costs, attorneys' fees and all other relief the court finds appropriate. 

It is represented by Joshua M. Avigad of Avigad Law LLC in St. Louis.

U.S. District Court for the Southern District of Illinois case number 3:17-cv-00692-SMY-SCW

EAST ST. LOUIS — A Glen Carbon woman is suing two major credit bureaus, alleging misrepresentation in debt collection.

Mary J. Ahlers filed a complaint on July 5 in U.S. District Court for the Southern District of Illinois against Equifax Information Services and TransUnion alleging that the defendants violated the Fair Credit Reporting Act.

According to the complaint, the plaintiff alleges that in March 2017 she obtained a copy of her consumer credit report as published by the defendants. Ahlers claims the report contained erroneous information relevant to her former obligations to various banks even after she had filed for bankruptcy and obtained an order of discharge. 

As a result, Ahlers claims she suffered out-of-pocket expenses in addressing the aforementioned errors and emotional distress. 

The plaintiff alleges the defendants failed to follow reasonable procedures to ensure the accuracy of the reports, failed to conduct a reasonable investigation of plaintiff's dispute and failed to appropriately delete or modify inaccurate information in plaintiff's file.

The plaintiff requests a trial by jury and seeks judgment for actual and statutory damages, attorney's fees, costs, an order to modify, delete or block inaccurate information, and such other and further relief as may be just and proper. 

She is represented by Travis W. Cohron of Barker Hancock & Cohron in Noblesville, Ind.

U.S. District Court for the Southern District of Illinois case number 3:17-cv-00704-DRH-RJD

BELLEVILLE — A mother and her two children are suing a motorist for allegedly failing to stop and causing a crash on Illinois Route 15.

Gavin Range and Ellie Range, minors, and Jane Range, their mother, filed a complaint on June 22 in St. Clair County Circuit Court against the estate of Alicia A. Williams, deceased, alleging the decedent failed to exercise due care while operating her vehicle.

According to the complaint, the plaintiffs allege that on June 23, 2015, Jane Range and her minor children were traveling in a westerly direction on Illinois Route 15 when the defendant's vehicle allegedly failed to stop, striking her vehicle. 

As a result, the plaintiffs claim they suffered physical injuries and incurred medical expenses. 

The plaintiffs allege Williams failed to stop at the intersection, failed to keep a proper lookout for other automobiles and operated her vehicle at a speed that was greater than reasonable and proper with regard to the traffic conditions.

The plaintiffs request a trial by jury and seek judgment in an amount which is just and reasonable and in excess of $50,000, plus costs of suit and any additional relief this court deems necessary and proper. 

They are represented by David H. Bone of Belleville.

St. Clair County Circuit Court case number 17-L-335

BELLEVILLE — Bank of Springfield is suing a pizza chain for allegedly refusing to make payments on a loan.

Bank of Springfield filed a complaint on June 30 in St. Clair County Circuit Court against TFPie Richmond Heights LLC; TFPie Group LLC; Jamey A. Tasker et al., alleging they breached their contract by failing to pay. 

According to the complaint, the plaintiff alleges that on April 21, 2016, Bank of Springfield received a promissory note from the defendants regarding a business loan made in the original principal amount of $391,500. The plaintiff claims the loan remains unpaid and is past due amounting to $327,336.49 as of June 21. 

The plaintiff alleges the defendants failed and refused to pay back the loan as demanded in accordance with the contract.

The plaintiff requests a trial by jury and seeks judgment in the amount of $327,336.49 plus interest from June 21, along with attorneys' fees, costs incurred and such other and further relief as the court deems just and equitable. 

It is represented by Myron A. Hanna of Hanna & Volmert LLC in Belleville.

St. Clair County Circuit Court case number 17-L-350

BELLEVILLE — A man is suing John Deere for allegedly manufacturing a defective riding lawn mower that caused his father's death.

Dale Sudholt, as independent administrator of the estate of Duane Sudholt, deceased, filed a complaint on June 19 in St. Clair County Circuit Court against John Deere Company, Deere & Company and WM Nobbe and Company Inc., alleging the defendants violated the Wrongful Death Act.

According to the complaint, the plaintiff alleges that on July 29, 2015, Duane Sudholt died while operating a riding lawn mower manufactured by the defendants. The plaintiff claims the lawn mower rolled over and fuel was released or ejected, which ignited and engulfed the decedent in flames. 

The plaintiff alleges the defendants failed to provide adequate devices to prevent fuel leaks in the event of a rollover.

The plaintiff requests a trial by jury and seeks judgment in a sum reasonable and equitable and in excess of $50,000, plus cost of suit and any other further relief the court deems just and proper. 

He is represented by J. Michael Weilmuenster of Weilmuenster & Keck PC in Belleville.

St. Clair County Circuit Court case number 17-L-326

BELLEVILLE — A consumer is suing Walgreens for allegedly prescribing the wrong medication, resulting in continuous coughing. 

Charlena Lewis filed a complaint on June 20 in the St. Clair County Circuit Court against Walgreens, alleging it failed to provide proper medication to consumers.

According to the complaint, the plaintiff alleges that on June 22, 2015, she suffered continuous coughing. She claims her condition was caused by the wrong medication given to her from Walgreens Pharmacy. 

She claims she contacted the defendants and was assured that her coughing will eventually stop and she will be compensated for the error. Lewis claims her condition did not change and she did not receive any compensation for the damage. 

The plaintiff alleges Walgreens failed to provide the correct medication, failed to correct or cure her constant coughing by providing the proper medication and failed to compensate her for the error.

The plaintiff requests a trial by jury and seeks to be compensated for the pain and suffering for the two years, payment for all hospital, doctor and medicine bills, and any other relief the court deems just.

St. Clair County Circuit Court case number 17-L-327

BELLEVILLE — A couple is suing a number of corporations, citing an alleged failure to warn individuals of the harmful effects of asbestos.

Paul E. Archambeau and Linda A. Archambeau filed a complaint on June 26 in the St. Clair County Circuit Court against AIRCO Inc., Arvinmeritor Inc., A.W. Chesterton Company, ASCO Valves Inc. and several others, alleging that the defendants failed to exercise reasonable care and caution for the safety of their employees and others working with or around the products.

According to the complaint, the plaintiffs allege that during the course of his employment in the U.S. Navy and Pacific Ship Repair and Fab Inc., Paul E. Archambeau was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers emanating from certain products of the defendants. He found out that he had developed lung cancer on January 3. 

The plaintiffs hold the defendants responsible for allegedly failing to provide warnings to people working with or around the products, failing to provide adequate instructions on how avoid inhaling asbestos and failing to conduct tests on the products that contained asbestos.

The plaintiffs request a trial by jury and seek judgment for compensatory damages in excess of $50,000, costs incurred,and further relief the court deems appropriate. They are represented by Ethan A. Flint and Laci M. Whitley of Flint Law Firm LLC in Edwardsville.

St. Clair County Circuit Court case number 17-L-343

BELLEVILLE — The City of Belleville is suing a property owner, citing alleged breach of duty.

The city filed a complaint on June 12 in the St. Clair County Circuit Court against the Carlyle Development L.P., alleging that the defendant violated City Ordinance 93.02 and 93.041.

According to the complaint, the plaintiff alleges that City Ordinance 93.02 stipulates that property owners, lessees and occupants within the city must cut weeds and grass on their properties at all times to prevent weeds from reaching eight inches in height.

City Ordinance 93.041 prohibits anyone from maintaining a "dangerous building in the city" that could spread disease, be poorly constructed or lacks doors or windows. Both ordinances carry a penalty between $50 to $1,000.

The plaintiff alleges that the defendant failed to keep grass on the property under eight inches and that the building was dangerous because the property allegedly needed to have its windows and doors boarded up.

The plaintiff requests a trial by jury and seeks an order to pay the city of $3,978.50 as reimbursement for grass cutting services and $750 for boarding up windows and doors. The city also seeks an order requiring the defendant to maintain the property.

The city is represented by Brian D. Flynn of Flynn Guymon & Garavalia in Belleville.

St. Clair County Circuit Court case number 17-MR-188

BELLEVILLE — A widow is suing a number of corporations for allegedly failing to protect or warn individuals of the harmful effects of asbestos.

Beverley Willmon, widow and special administrator of the estate of Douglas Willmon, filed a complaint on June 26 in the St. Clair County Circuit Court against 4520 Corp. Inc., Aerojet Rocketdyne Inc., Ameron International Corporation and several others, alleging that they did not exercise reasonable care and caution for the safety of Douglas Willmon and others who were working with or around the asbestos-containing products.

According to the complaint, the plaintiff alleges that Douglas Willmon was employed as a laborer from 1950 to 1990 and was exposed to asbestos fibers from some of the defendants'products. Douglas Willmon was later diagnosed with lung cancer, which allegedly led to his death on June 26, 2016. 

The plaintiff holds the defendants responsible for allegedly not providing warnings to people working with or around the products, adequate instructions on how avoid inhaling the asbestos or conduct tests on the asbestos-containing products.

The plaintiff requests a trial by jury and seeks judgment for a sum in excess of $50,000. She is represented by Randly L. Gori and Barry Julian of Gori, Julian & Associates in Edwardsville.

St. Clair County Circuit Court case number 17-L-341

BELLEVILLE — The administrator for the estate of a deceased worker is suing multiple companies, alleging that their products and conduct are responsible for his father's death from asbestos-caused mesothelioma.

Matthew Riley, special administrator of the estate of Thomas Hauptman, filed a complaint on July 6 in the St. Clair County Circuit Court against NSF Railway Company, ORG-Wrner Morse Tec LLC, The Budd Company and several others, alleging that they failed to exercise reasonable care and caution for the safety of the decedent and others working with or around asbestos-containing products.

According to the complaint, the plaintiff alleges that Thomas Hauptman worked as a brakeman/conductor at Burlington Northern Railroad from 1976 to 1993, where he reportedly was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers emanating from the defendants' products. On November 18, Hauptman found out that he had lung cancer, which led to his death on April 16.

The plaintiff holds the defendants responsible for allegedly failing to provide warnings to people working with or around the products, failing to provide adequate instructions on how to avoid inhaling asbestos or failing to conduct tests on the asbestos-containing products.

The plaintiff requests a trial by jury and seeks judgement for compensatory damages, punitive and exemplary damages in an amount in excess of $50,000 and other relief the court deems proper. He is represented by Randy L. Gori and Barry Julian of Gori, Julian & Associates PC in Edwardsville.

St. Clair County Circuit Court case number 17-L-358

EDWARDSVILLE — A railroad worker is suing his employer for allegedly failing to provide a safe place to work.

Kenneth Cockrum filed a complaint on July 7 in the Madison County Circuit Court against Illinois Central Railroad Company, alleging that the defendant violated the Federal Employer's Liability Act.

According to the complaint, the plaintiff alleges that he was injured on March 20 while he was attempting to release a defective lever style handbrake, which allegedly did not operate properly. While operating the handbrake, it slipped, causing a sharp pain in plaintiff's lower back. As a result, Cockrum claims that he suffered permanent injuries, emotional damages and medical expenses. 

The plaintiff holds Illinois Central responsible for allegedly not providing a reasonably safe place to work and failing to inspect and maintain its equipment and provide proper tools and equipment.

The plaintiff requests a trial by jury and seeks judgment for a sum in excess of $50,000 along with costs expended and any further relief the court deems just and proper. He is represented by Eric D. Holland of Holland Law Firm in St. Louis.

Madison County Circuit Court case number 17-L-000959

CHICAGO – U.S. Seventh Circuit appellate judges reversed a jury verdict clearing Madison County jail guards of blame for a suicide attempt that has kept Reginald Pittman in a vegetative state for 10 years. 

On July 14, Justices Richard Posner and Michael Kanne ruled that District Judge Staci Yandle must hold a new trial for Robin Hamilton, Pittman’s mother. 

She alleges deliberate indifference against guards Randy Eaton and Matt Werner. 

Posner and Kanne held that at trial, Yandle should have enforced a stipulation to admit an interview of the only inmate near Pittman. 

Posner wrote that a stipulation is binding, “unless it creates manifest injustice or was made inadvertently or on the basis of a legal or a factual error.” 

Dissenting Justice Daniel Manion agreed with Yandle that no stipulation existed. 

“At best, the parties had an informal agreement relating to admission of evidence, the precise contours of which are disputed, and which was never presented to the district judge until day two of the trial,” he wrote. 

Pittman hanged himself with a blanket on Dec. 17, 2007, in a segregation unit, while facing a charge of aggravated discharge of a firearm. 

Three hours later, jailers interviewed adjacent inmate Bradley Banovz on videotape for 25 minutes. 

Hamilton sued Madison County and many individuals in 2008, claiming they failed to act on signs of suicide risk. 

District Judge David Herndon granted summary judgment to defendants in 2011. 

He wrote that what happened to Pittman was a tragedy but his claim required a higher showing of deliberate indifference. 

“The evidence demonstrates a long course of responsiveness to Pittman’s complaints,” Herndon wrote. 

He wrote that Pittman was housed in segregation because of disruptive and inappropriate behavior, not because of a known suicide risk. 

Hamilton moved to alter judgment, and Herndon denied the motion in 2012. 

Hamilton appealed and gained a partial victory in 2014, when Seventh Circuit judges ruled that she could take Eaton and Werner to trial. 

Justice Richard Cudahy wrote that from 2005 to 2010, there were 36 suicide attempts at Madison County jail. 

He wrote that a trier of fact could reasonably conclude that Eaton was aware that Pittman cried intermittently for hours the previous day, and that a trier of fact could reasonably conclude that Werner’s interaction with Pittman months earlier gave him an additional basis to assess the situation. 

The case returned to Herndon and bounced to new district judge Yandle. 

At trial in 2015, John Gilbert and Raven Akram, both of the Sandberg Phoenix firm, represented Eaton and Werner. 

Ross Anderson of East St. Louis represented Hamilton. 

Anderson called Banovz as the only witness testifying that Pittman requested intervention from Eaton or Werner on Dec. 17, 2007. 

The trial turned strange at that point, and transcripts remain under seal. 

According to Posner, Banovz was “a terrible witness at the trial, with poor recollection, an alternately hostile and flippant demeanor, and an inability to counter evidence of his criminal record harped on by defense counsel.” 

Posner wrote that Anderson started showing the video interview of Banovz from 2007. 

He wrote that the parties had agreed before trial that if Anderson put Banovz on the stand, the defense would not object to admission of the video. 

“Yet as soon as the video began, the defendants’ lawyer objected, and though he called the objection pro forma and said he knew the video would be played, for remember the stipulation, the district judge sustained the objection,” Posner wrote. 

Sealing of the transcript makes it impossible to identify the lawyer he meant. 

Posner wrote that twice more, plaintiff’s counsel moved to admit the video, and that twice more, Yandle sustained the objection. 

In Manion’s account, Anderson couldn’t explain to Yandle why she should allow the video other than a reference to a prior informal agreement. 

Manion wrote that Yandle asked what harm could come of excluding it, and Anderson said proper regulation of the court required admitting it. 

Manion wrote that Anderson didn’t try to make any showing that Banovz didn’t adequately recall the events he testified about. 

He wrote that Anderson failed to make any offer of proof other than to rely on what he termed a stipulation. 

He wrote that Yandle called it “some agreement that you allege existed,” to allow hearsay to come in without proper foundation. 

He wrote that she said, “It is clearly hearsay,” and she excluded the video. 

After jurors sided with Eaton and Werner, Hamilton moved for a new trial.  

Yandle denied it, writing that she permitted Banovz to testify as to the contents of the video on direct examination. 

Hamilton appealed and won. 

Posner wrote, “Banovz’s testimony was the lynchpin of the plaintiff’s case and the defendants had stipulated to the showing of the video.” 

He wrote that defense counsel gave no reason for retracting his agreement. 

“He just said that his clients had changed their minds – but so what?” he wrote. 

“Stipulations are not so easily set aside.” 

He found no indication that the video would have confused the jury, prejudiced the defendants, or prolonged the trial. 

“What is more, defense counsel told us at the oral argument that he thought the video actually strengthened the defense case, and though it did not, counsel’s statement took all the wind out of his sails,” Posner wrote. 

“For he would not have objected to the playing of the video at the trial had he thought it would strengthen the defense.

“He knew it would have weakened the defense.” 

He meant Timothy Sansone, of Sandberg Phoenix in St. Louis. 

Posner wrote that if Banovz is believed, Eaton’s failure to follow through constituted deliberate indifference to a danger he had reason to know was real. 

“On the videotape Banovz says that Werner thought Pittman was just joking about needing to see crisis, but at the trial, Werner’s deposition cast doubt on whether he was able to make such a judgment,” Posner wrote. 

He wrote that Eaton and Werner admitted not remembering their conversations with Pittman, “so their testimony was worthless.” 

“It was senseless to think that testimony by Banovz seven years after Pittman’s suicide attempt was as or more reliable than his recorded testimony made three hours after the attempt. 

“The case being close, showing the video to the jury could have resulted in a verdict for the plaintiff, and so the judge’s error was not harmless.” 

Manion found no error and wrote that if one occurred, it was harmless. 

He wrote that plaintiff’s only complaint is that Banovz was cagey and unreliable. 

“As plaintiff’s trial counsel noted at oral argument, the entire reason he took the case was the videotape,” Manion wrote. 

“But Banovz was still available as a witness. 

“Over eight days of trial, the jury concluded that the prison guards were credible when they claimed they followed prison procedure to the letter.”

“Clearly, the State’s Attorney’s common-law duty to investigate suspected illegal activity is premised on a deference to law enforcement agencies.” – Illinois State Supreme Court Justice Charles Freeman, June 29, 2017

If law enforcement officials don't have to obey a law, why would anyone else?

Residents of La Salle County were asking that question six years ago when Brian Towne, the state’s attorney, formed the first State’s Attorney Felony Enforcement (SAFE) team to intercept drug traffickers on Interstate 80 and use confiscated assets as an independent funding source for special projects.

Residents of Madison County were soon asking the same question when the state's attorney, Tom Gibbons, decided to follow Towne's lead.

Fortunately for us, a trial court, an appellate court, and now the state Supreme Court have all turned thumbs down on this bad idea.

“We conclude that the State’s Attorney’s common-law duty to investigate suspected illegal activity is limited to circumstances where other law enforcement agencies inadequately deal with such investigation or where a law enforcement agency asks the State’s Attorney for assistance,” Justice Charles Freeman wrote in the majority opinion handed down last month.

Freeman, et al. agreed with the appellate court that the relevant state statute limits investigative authority to persons assisting a State’s Attorney in the performance of specific duties: serving subpoenas, making return of process, and investigating pending cases.

“Thus, to be valid, the instant traffic stops, by themselves, must constitute investigations that assist a State’s Attorney in the performance of his or her duties,” Freeman wrote, noting that the State’s Attorney is not empowered to patrol the highways, engage in law enforcement, and conduct drug interdiction.

Freeman emphasized that “the State’s Attorney’s common-law duty to investigate suspected illegal activity” has significant limitations and presupposes that “a prosecutor ordinarily relies on police and other agencies for investigation of criminal acts.”

Kudos to all three courts for affirming one of the foundational principles of freedom: that the rule of law applies to everyone, no exceptions.

Illinoisans are feeling the pinch of their property tax bills.

That should come as no surprise, as Illinoisans already pay some of the highest, if not the highest, property taxes in the nation. An analysis of the past 15 years shows that property taxes are growing far faster than residents’ ability to pay for them.

Between 2000 and 2015, the total property taxes Illinois local governments collected doubled.

Household incomes in Illinois, in contrast, only grew 31 percent over that time period.

Because taxes have grown so much faster than income, the burden property taxes impose on Illinoisans has grown significantly.

In 2000, property taxes consumed 4.4 percent of household incomes. In 2015, property taxes consumed 6.7 percent of income – that’s up 55 percent from 15 years ago.

See how property taxes have grown by county.

Studies on property taxes consistently rank Illinois’ property taxes as some of the highest in the country. A 2016 study by CoreLogic ranks Illinois’ median property tax rate as the highest in the nation.

According to a 2017 WalletHub report, Illinoisans pay the nation’s 2nd-highest effective property tax rates, or the percentage of a home’s value its owners pay in property taxes, ranking just behind New Jersey.

Illinoisans pay almost $4,000, in property taxes each year, far more than what residents in neighboring states pay.

And unfortunately, Illinois’ high property taxes are not being spent effectively. They aren’t funding stellar services and efficient governments.

Instead, property taxes fund the largest number of local governments in the nation – along with the bureaucracies that run them. Property taxes grow to fund the costs of state mandates and state subsidies, which only serve to drive local spending higher. It’s why Illinois has the seventh-highest workers’ compensation costs in the nation and six-figure prevailing wage costs.

Unless those local spending drivers are reformed, Illinoisans will never get any relief from the constant and growing burden of their property taxes.

Illinoisans face increasing property tax burdens

Illinoisans’ property tax burdens – the percentage of a household’s income consumed by property taxes – are growing because property taxes have grown much faster than residents’ incomes.

Since 2000, residential property taxes in Illinois have grown three times faster than the median household income, according to data from the Federal Reserve Bank of St. Louis.

Illinois local governments collected nearly $18.6 billion in residential property taxes in 2015 – an increase of 101 percent from the $9 billion they took in 2000.

As property tax collections have grown, so has the average property tax bill per household in Illinois. The average bill has grown 93 percent between 2000 and 2015, to $3,884 from $2,013.

Meanwhile, Illinoisans’ median household incomes have only increased by 24 percent – growing to $57,574 in 2015 from $46,304 in 2000, according to data from the US Census Bureau.

A homeowner’s property tax burden is calculated by dividing the average property tax bill by median household income.

As property taxes increase at a faster rate than household incomes, the tax burden increases.

That’s exactly what’s been happening in Illinois.

The average tax burden for Illinoisans grew by 55 percent between 2000 and 2015 – resulting in a tax burden of 6.7 percent in 2015.

This means that Illinoisans paid, on average, 6.7 percent of their income in property taxes.

Illinois residents’ property tax burdens are highest in Cook County, collar counties

Property tax burdens are high across Illinois, but residents in Cook and the collar counties are stuck with the highest taxes and the biggest burdens.

Residents in Lake County face the largest property taxes in the state. In 2015, property taxes consumed 9.4 percent of the county’s median household income.

According to the most recent national comparison, that’s the 17th-highest property tax burden of all counties in the nation.

Lake County residents’ property tax burdens are up almost 45 percent compared to 2000 – when property taxes consumed 6.5 percent of household incomes.

That high property tax burden is due to the explosive growth of residents’ property tax bills.

Property tax bills in Lake County grew nearly 70 percent between 2000 and 2015 – to an average of $7,316 from an average of $4,336. Meanwhile, household incomes in the county only grew 17 percent – to $78,026 from $66,953.

The rest of the collar counties round out the top of the property tax burden list. The average burden in McHenry and Kane – the second and third-highest in the state – are 7.8 and 7.6 percent of income, respectively.

Cook County’s property tax burden is the fourth-highest in the state. On average, property taxes there consume 7.5 percent of household incomes – up 73 percent from 2000.

DuPage County and Will County are ranked just below Cook, consuming 7.5 and 7.4 percent of household incomes respectively.

Property tax burdens have grown throughout Illinois since 2000

Since 2000, almost every county in Illinois has experienced an increase in their property tax burden, making property taxes harder and harder for Illinoisans to afford.

On average, Illinoisans’ property tax burdens grew by 55 percent between 2000 and 2015.

Jasper County experienced the state’s largest increase in property taxes as a percent of household income. Jasper County residents’ tax burdens have grown by almost 85 percent since 2000. Residents now pay 2.6 percent of their household income to property taxes, up from 1.4 percent in 2000.

Cook County not only has the fourth-highest property tax burden of any county, but that burden is also one of the fastest growing in the state. Cook’s property tax burden grew 73 percent between 2000 and 2015, the fifth fastest in the state.

Illinois’ property taxes vs. neighboring states

Not only do studies repeatedly show that Illinois has the highest or some of the highest property taxes in the nation, but the Land of Lincoln also outpaces its neighboring states in property taxes.

A study by CoreLogic ranks Illinois property taxes as the highest in the nation.

And according to WalletHub’s 2017 report, Illinois’ 2.3 percent effective property tax rate – the second-highest in the country, just behind New Jersey – means it leads the pack among its neighboring states.

So, while Illinoisans, on average, pay 2.3 percent of their home value, or almost $4,000, in property taxes each year, residents in Wisconsin pay, on average, $3,248 in property taxes, an effective rate of a little less than 2 percent. Iowans pay less than $2,000, an effective rate of 1.5 percent.

Missourians pay a 1 percent effective rate, with an average bill of $1,400 annually.

And residents in Kentucky and Indiana both pay an effective rate that’s less than 1 percent of home value. Their bills are only a little more than $1,000, four times less than the average bill in Illinois.

It’s important to note that Illinois’ 2.3 percent effective property tax rate is just an average. In some Illinois communities, residents pay 5 percent or more of the value of their homes in property taxes.

For many homeowners, that’s more than they pay toward their mortgages each year. In fact, homeowners in places like Chicago’s Southland area will pay twice for his or her home over a 20-year period – once to purchase the home and a second time in the equivalent amount of property taxes.

Property tax relief requires local reforms

Illinoisans need real relief from the extremely high property tax rates they pay.

But that relief will never come unless lawmakers fix what drives property taxes higher – from the most units of local government in the nation, to the seventh-highest workers’ compensation costs, to state-subsidized spending.

The only way to bring Illinoisans’ property tax bills down permanently is for lawmakers to enact a suite of local reforms that drive down the cost of local government.