$511,357: Joliet Pays Firm To Defend City In Several Lawsuits

JOLIET, IL — A private law firm that's a 43-minute drive from Joliet's City Hall has made more than $500,000 defending the city of Joliet in several lawsuits during the past year, documents obtained by Joliet Patch from the Freedom of Information Act reveal.

Expense vouchers submitted by the Itasca firm of Hervas, Bersani & Condon indicate the city of Joliet had spent at least $511,357 for legal fees submitted by the law firm between November 2020 through October 2021.

In August 2019, for example, Hervas, Bersani & Condon was representing Joliet in litigation that involved roughly 20 different cases, expense vouchers obtained by Joliet Patch show.

"We specialize in municipal and park district law, civil rights litigation, state tort litigation, employment law, and police & fire employment matters," the firm's website states.

Hervas, Bersani & Condon has also been a regular political campaign contributor to Joliet Mayor Bob O'Dekirk and his re-election efforts, according to the Illinois Sunshine website. Hervas, Bersani & Condon gave $600 to Citizens for O'Dekirk on July 2; $1,100 on Aug. 18, 2018; $850 on July 13, 2017; and $200 on Aug. 14, 2016.

Some of the most high-profile federal lawsuits against Joliet now being handled by the Itasca law firm involve widow Nicole Lurry's lawsuit against Joliet police officers Andrew McCue, Jose Tellez, Sgt. Doug May and Lt. Jeremy Harrison. Nicole Lurry's husband Eric Lurry died after being in Joliet police custody on Jan. 28, 2020.

Hervas, Bersani & Condon has already been paid $118,059 in legal fees and expenses for defending the actions of the Joliet police in Nicole Lurry's lawsuit, Joliet Patch determined.

In addition to Lurry's lawsuit, two other notable ongoing federal lawsuits filed last year were against Mayor Bob O'Dekirk, and various Joliet police officers involved in the controversial arrests of Victor Williams and Jamal Smith. The two young Black men had attended the Black Lives Matter demonstrations in Joliet on the night of May 31, 2020.

Jamal Smith, now 29 of Crest Hill, and Victor Williams, now 24, of Lockport, have separate federal lawsuits accusing O'Dekirk and Joliet police of false arrest/unlawful detention, failure to intervene, malicious prosecution, conspiracy and intentional infliction of emotional distress.

Since being retained to defend O'Dekirk and Joliet, Hervas, Bersani & Condon has been paid more than $62,000 in the lawsuits from Smith and Williams, Joliet Patch determined.

In July 2020, Williams and Smith learned that Will County State's Attorney Jim Glasgow opted not to file criminal charges against them. They were arrested by Joliet police at 12:36 a.m. on June 1, 2020, at 1601 W. Jefferson St. on charges of aggravated assault and mob action.

According to the lawyers for Williams, "Defendant Mayor O'Dekirk grabbed plaintiff in and around the neck area and about the body and forcefully drove him backwards and subsequently threw him to the ground.

"Defendant O'Dekirk used inappropriate, unwarranted and unjustifiable force against plaintiff," the lawsuit argues. "Defendant officers assaulted, battered and restrained plaintiff without lawful cause or justification. Following the beating, the defendant officers falsely accused plaintiff of engaging in conduct which justified their actions."

O'Dekirk has maintained he did nothing wrong and was simply defending himself. That night, Joliet police broke up a Black Lives Matter demonstration outside the White Castle after the crowd become unruly and some people began hurling objects at the police officers and jumping on vehicles.

The scuffle with O'Dekirk happened later in the night in the parking lot near the Speedway gas station.

"These guys came to our city and participated in a riot, and now they want to complain about me and the police," O'Dekirk told Joliet Patch during an interview in October 2020.

This past June, Joliet Patch reported that Mayor O'Dekirk was cleared by the Illinois State Police for his role in the May 31, 2020, scuffle. O'Dekirk told Patch he was always confident the Illinois State Police would exonerate him.

"Jefferson Street got out of control, and I got caught in the middle of that," O'Dekirk remarked.

As for Nicole Lurry's federal lawsuit, the Joliet police are accused by plaintiff's lawyer Abby Bakos of tampering with or destroying audio and/or video footage from the squad car video related to Eric Lurry's death.

Her lawsuit also contends Sgt. May and Officer McCue caused Eric Lurry to suffocate to death. "Defendant May pinched Mr. Lurry's nose for approximately close to two minutes, restricting him from taking in oxygen. Defendant May also slapped Mr. Lurry in the face while saying, 'Wake up, bitch!'" Nicole Lurry's lawsuit states.

McCue put a baton into Lurry's mouth at the direction of Lt. Harrison, court records indicate. "Defendant McCue then reached in Mr. Lurry's mouth to retrieve the narcotics and removed part of a plastic bag," Lurry's lawsuit argues. "Defendant McCue and May's conduct caused Mr. Lurry to ingest narcotics and suffocate."

On Nov. 5, Itasca attorneys Michael Bersani and G. David Mattueys of Hervas, Bersani & Condon filed a 50-page motion listing several reasons why the four Joliet police officers should not be held liable for Lurry's death.

"At the time and place alleged in plaintiff’s amended complaint, it was the duty of plaintiff’s decedent, Eric Lurry, before and at the time of the occurrence, to use ordinary care for his own health and safety," Bersani and Mattueys argued. "Lurry breached the above duty of care by negligently or intentionally ingesting fatal levels of heroin, fentanyl, and cocaine, which was the sole proximate cause of his injuries and death. Defendants played no role and shared no responsibility, fault, or liability in the self-inflicted, overdose death of Eric Lurry.

"Wherefore, defendants city of Joliet, Sergeant Doug May, Officer Andrew McCue, Officer Jose Tellez and Lieutenant Jeremy Harrison deny that the plaintiff is entitled to any judgment whatsoever against them and pray that this honorable court will enter a judgment in their favor and allow for the costs of defending this lawsuit."