Joliet police false arrest lawsuit expected to head to trial

A trial has been requested for a false arrest lawsuit against the city of Joliet, and attorneys for the city have signaled the possibility of a settlement in a case over the in-custody death of Eric Lurry.

Settlement talks have failed in the 2023 false arrest lawsuit that Dwayne Killian filed against retired Joliet Police Sgt. Ed Grizzle and the city, according to a joint status report filed Thursday.

“The attorneys have discussed a settlement. They are extremely far apart and at an impasse,” according to the report.

The attorneys will not request a settlement conference because “they do not think it would be productive,” according to the report.

That means both sides in the case plan to go to trial.

The trial is expected to last two to three days in either December, January or February, according to the report.

On May 15, a federal judge ruled that only Grizzle could be held liable for the alleged false arrest of Killian, his former colleague. The two once served together on the Tri-County Auto Theft Task Force.

But Killian was taken into custody in 2022 after Grizzle accused him of theft of a forklift that had been seized by the task force. Killian denied that he stole the forklift and claimed that he agreed to return it.

Eric Lurry lawsuit

Meanwhile, the attorneys in a federal lawsuit over the 2020 in-custody death of Eric Lurry Jr., 37, are requesting more time to discuss a potential settlement, according to a joint status report filed Thursday.

“The [Joliet City Council] has given preliminary consideration to the possibility of engaging in settlement negotiations but needs additional time to confer with its insurance carrier prior to committing to a settlement conference before a magistrate judge,” according to the report.

Those discussions with the insurance carrier are necessary to ensure the city can “meaningfully participate in any settlement proceedings and speak definitively regarding its position on a resolution,” according to the report.

Nicole Lurry, the widow of Eric Lurry, filed a lawsuit in 2020 against the city alleging that several officers caused her husband to die while he was in police custody by failing to provide him prompt medical care and subjecting him to excessive force.

The Will County Coroner’s Office ruled that Lurry’s death was the result of an accidental overdose of heroin, fentanyl and cocaine that he put in his mouth following his arrest in a narcotics investigation.

On May 7, attorneys for the city lost their bid to have the entire case dismissed on legal grounds and the evidence gathered thus far.

Attorneys in the case are expected to file another joint status report by July 3 regarding their position on a settlement.