American Liberty Insurance v. City of Joliet

MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

This case presents an interesting example of how inattention to the words of a contract can thwart a municipality’s attempt to shift risks for liability under 42 U.S.C. § 1983 (1982). Cities and counties would be well advised to monitor such arrangements carefully, or else avoid accepting responsibilities for which the law of municipal liability is not well-established.

Before the court is a motion for judgment on the pleadings pursuant to Rule 12(c), Fed.R.Civ.P., from American Liberty Insurance Company. Also pending is a motion for summary…