Congratulations to the trial team at Rock Fusco & Connelly, LLC. Yesterday, the United States Court of Appeals for the 7th Circuit reversed the high-profile judgment against the City of Chicago in the amount of $44.7M. We agree with the Court – this case is tragic. But, the City should not have been held responsible for Mr. LaPorta’s injuries.
The facts of the case are below:
Late one night in January 2010, Patrick Kelly shot his friend Michael LaPorta in the head during an argument at the end of a night of drinking together, leaving LaPorta severely and permanently disabled. Kelly was an off-duty Chicago police officer and not acting under color of state law at the time of the shooting. LaPorta sued the City and pursued a novel theory, claiming that the City’s policy failures caused Kelly to shoot him. LaPorta identified three general policy deficiencies: 1) the City failed to implement an “early warning system” to identify problem officers; 2) it failed to adequately investigate and disciple officers who engaged in misconduct; and 3) it fostered a “code of silence” that deterred reporting of officers who engaged in misconduct.
At every opportunity, the City moved to dismiss the complaint arguing that it had no constitutional duty to protect LaPorta from Kelly’s private violence. However, the judge denied those motions and, following a jury trial, the jury returned a verdict for LaPorta and awarded $44.7 million in damages, concluding that two of the City’s policies, its failure to implement an adequate early warning system and its failure to adequately investigate and discipline officers, caused Kelly to shoot LaPorta. The City filed many post-trial motions. The judge also denied those motions. The City appealed.
THE VICTORY! On February 23, 2021, the Seventh Circuit Court reversed and remanded for the District Court to enter judgment in favor of the City. The Seventh Circuit, while acknowledging the grievous injuries suffered by LaPorta, concluded that his legal theory was “deeply flawed.” LaPorta claimed that he was deprived of his due process right to bodily integrity. The Court concluded that it has “long been settled that ‘a State’s failure to protect an individual against private violence … does not constitute a violation of the Due Process Clause,’” thereby rejecting any theory grounded in the Due Process Clause. The Court amongst many reasons for revising the erroneous verdict, explained that LaPorta had the burden to prove a constitutional violation as well as the requirements for municipal liability under the applicable case law. The Court then concluded that applying the long-established legal doctrines, the City had no due-process duty to protect LaPorta from Kelly’s act of private violence. Since LaPorta was not deprived of his due process rights, the City cannot be held liable for his injuries under section 1983.
The reversal of an erroneous $44.7M verdict in favor of our client was a great victory for the client and our trial team.
We are very pleased with the decision by the 7th Circuit. For more information about this case or if you have a legal matter you’d like to discuss, please call us at (312) 494-1000.