McFatridge v. Madigan

Illinois Supreme Court
Civil Court
Citation
Case Number: 
2013 IL 113676
Decision Date: 
May 23, 2013
District: 
4th Dist.
Division/County: 
Sangamon Co.
Justice: 
BURKE
Holding: 
Circuit court affirmed; appellate court reversed.
Former State's Attorney filed complaint for writ of mandamus to approve payment by State of all litigation expenses incurred by him in defending civil suits filed against him in federal court, filed by persons whose convictions of murder had been overturned, and alleging malicious prosecution, false imprisonment, and civil rights violations. Where elected official is determined by Attorney General to have acted intentionally, willfully, or wantonly, the official is not entitled to have his attorney fees paid as they are incurred under State Employee Indemnification Act. (KILBRIDE, FREEMAN, THOMAS, GARMAN, KARMEIER, and THEIS, concurring.)