Carver v. Condie
United States Court of Appeals for the Seventh Circuit
169 F.3d 469 (1999)
- Written by Jody Stuart, JD
Facts
Margaret Carver and Randall Carmean (plaintiffs), former employees of the LaSalle County Sheriff’s Department, sued the county and the county’s sheriff, Anthony Condie (defendant), in federal district court for employment discrimination. The county moved to be dismissed as a defendant, and the court granted the motion. Condie, in his institutional capacity, signed a consent decree for a settlement agreement under which compensatory damages would be assessed against “Anthony Condie, Sheriff of LaSalle County.” The parties regarded the consent decree as an obligation of the sheriff’s department. Subsequently, Carver and Carmean served on the county a third-party citation to discover assets, to be used to satisfy the consent decree out of funds allocated for the sheriff’s department. The county contested its liability to pay the settlement sum on the ground that it did not agree to the settlement. The district court ruled that the county had lost its status as a party to the underlying lawsuit and, therefore, had to litigate the issue with the sheriff in state court.
Rule of Law
Issue
Holding and Reasoning (Wood, J.)
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