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A federal judge has agreed to vacate a jury verdict that awarded a man $25.5 million in his lawsuit alleging a now-retired police officer violated his civil rights and deprived him of a fair trial. The parties requested vacatur after reaching a settlement.
The case — James Hill v. City of Hammond, Indiana, and Michael Solan, 2:10-CV-393 — started in 2010, when James Hill, who was wrongfully convicted of rape and robbery in the 1980s, filed a complaint alleging the city of Hammond and police officers covered up important information at trial.
The Indiana Northern District Court granted summary judgment to other defendants, and Hill proceeded to trial against the city and former officer Michael Solan.
A jury reached a verdict in favor of Hill last year, awarding him $25 million in compensatory damages and $500,000 in punitive damages.
The defendants appealed to the 7th Circuit Court of Appeals, which directed the parties to mediation. There, they reached a $9 settlement agreement, which is subject to the vacatur of the jury verdict, entry of judgment and award of $410,000 in attorney fees and costs.
In an affidavit attached to the parties’ joint motion for an indicative ruling, one of Hill’s attorneys, Scott King of King & Murdaugh LLC, said in the absence of a settlement, the city is subject to a state statutory and constitutional debt limitation of 2% of its net assessed value, which he said would be about $20 million or less.
In 2006, Hill’s co-defendant in the 1980 case, Larry Mayes, won a $9 million verdict that was later reduced to $4.5 million.
Though King said the $9 million figure in Hill’s case is a compromise, it still “sends a significant message to Hammond and other local governments as to the consequences of the types of misconduct evidenced in this case.”
The parties also agreed to settle related case involving the same defendants — Hill v. Northwest Indiana Joint Task Force, et al., 2:22-cv-262 — in the Indiana Northern District Court.
In her Friday order granting the motion, Senior Judge Theresa Springmann ruled that aside from the persuasive value of the court’s award of attorney fees and costs, there are no public interests in precedent that would weigh against vacatur.
Springmann also weighed the burden on the city, considering its current citizenry and elected officials will need to contend with a multimillion-dollar settlement for a case stemming from facts that originated 40 years ago. Plus, there was no guarantee of prevailing on appeal.
For Hill — who served 17½ years and is now 60 years old — King said in his affidavit that Hill has had intermittent employment since his release and was obliged to register as a sex offender for much of the time following his conviction.
“He desires nothing more than to be able to live his remaining years free from financial worry while providing for his family and wishes to realize that goal as soon as possible,” King wrote.
Springmann agreed, ruling Hill’s interests and hardships weigh in favor of vacatur.
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