Friday, July 6, 2012
Deputies' Beating Case Settled But Terms Not Yet Known
Jerome and Carla Pavlin claimed deputies smashed through the door of their Nunda Township home four years ago to arrest their visiting son and when the parents, then 81 and 66, objected, began beating the husband and slammed his wife against a countertop. Deputies claimed the pair attacked them but State's Attorney Lou Bianchi refused to prosecute the elderly pair.
The Pavlins filed a civil suit against McHenry County and seven deputies involved and a Federal Judge ruled claims of unlawful entry, excessive force and conspiracy could go to trial. The case has been on hold for months while the deputies' attorney appealed the decision. Last Thursday, however, Rockford attorney Stephen Balogh filed a motion to dismiss the appeal because the case had been settled.
Balogh told FEN Thursday attorneys for the Pavlins and for McHenry County asked him to withdraw the appeal so they could end the case. "I am not privy to the (terms of the) settlement," he said, however. Lawyers for the Pavlins and the County did not return phone requests seeking that information Thursday.
McHenry County Sheriff Keith Nygren could not be reached Thursday but Undersheriff Andy Zinke said FEN's inquiry was the first he'd heard about a settlement. Bianchi said his office has been out of the loop in the case since the County's insurance company took over the defense when expenses passed the $100,000 point. Deputy County Administrator John Labaj said that figure was, in effect, the County's insurance deductible at the time that deputies entered the Pavlin home. "We've already paid that," he said.
Federal Court records show no motion filed yet to close out the Pavlin case. Officially, the next development is a telephone status check July 30.
In the pic: Sheriff's Deputies said Jerome and Carla Pavlin's door glass shattered when they tried to shut them out. The Pavlins said Deputies smashed it while crashing in.