Eric Lurry Lawsuit: Joliet Wants To Settle Case After 5 Years Of Federal Litigation

JOLIET, IL — After five years and one month of federal litigation, the Itasca-based law firm hired to defend the city of Joliet is now trying to reach a settlement with Nicole Lurry, the widow of Joliet citizen Eric Lurry, who died in Joliet police custody back in January 2020 at age 37.

The Eric Lurry tragedy prompted then-Joliet Mayor Bob O'Dekirk and several Joliet City Council members to sign a letter asking Illinois Attorney General Kwame Raoul to investigate the Joliet Police Department, which the AG's Office agreed to do.

Last September's 158-page Attorney General's report found the Joliet Police Department had a pattern of using excessive force against the community and that Joliet police discriminate against Black people and perhaps Latino citizens, based on the Attorney General's five-and-seven-year data reviews of Joliet police arrests, traffic stops, vehicle searches and use of force incidents.

Now, Joliet Patch has learned, the U.S. magistrate judge overseeing the Eric Lurry wrongful death lawsuit against the Joliet Police Department has been notified that a settlement — and not a trial — may come to fruition before the end of this year.

The Court Has Received Two Yeses: Magistrate Judge Reveals

On Aug. 8: U.S. Magistrate Judge Beth Jantz had a phone call with Nicole Lurry's lawyer to discuss a settlement. The judge also emailed both sides on Aug. 11 with a settlement conference format proposal. The judge announced that by Aug. 19, attorneys from both sides shall respond to her courtroom deputy, without copying opposing counsel, with a "yes" or "no" on whether their clients are willing to proceed under the court's framework, the court records show.

"If the Court receives two yeses, the Court will schedule a conference call to choose a settlement conference date. If the Court does not receive two yeses, it will inform the parties, and they may turn their attention toward trial preparation," Judge Jantz announced.

On Aug. 25: A settlement conference was held before Judge Jantz and "The Court has received two yeses regarding the proposed settlement conference format. Based on the parties' schedules, a settlement conference is scheduled Dec. 17 at 9:30 a.m.

"Plaintiff's team will appear in person, and Defense team will appear by video," the judge instructed. "The parties are directed to this Court's standing order on settlement conferences, available on the Court's website. Plaintiff's settlement position statement is due to this Court's settlement inbox and to opposing counsel by 11/11/25. Defendant's responsive statement is due to the same by 11/24/25. The individual defendant officers need not attend the conference."

On Thursday morning, Joliet Patch conducted a phone interview with Wheaton attorney Abby Bakos of Bakos Law. She has been Nicole Lurry's plaintiff's counsel since the beginning.

"We have a settlement conference scheduled," Bakos informed Joliet Patch. "Both sides are hopeful that a resolution will be reached so the family can put this to rest and get some kind of justice for the death of Eric Lurry."

Due to the settlement conference being scheduled to last over the next several months, the Eric Lurry case is not being given a trial date by the federal court judge.

Bakos — not the city of Joliet — has the upper hand in the settlement negotiations based on the federal judge's ruling back in May.

"The plaintiffs prevailed in defeating the defendants' motion for summary judgment on all critical claims," Bakos told Joliet Patch.

Over the past five-plus years, Joliet has been represented by the law firm of Hervas, Condon and Bersani. Attorneys Michael Bersani, David Mathues and Jason Rose are the three main lawyers handling Joliet's defense.

Joliet's Costs To Settle Officer Cassie Socha Case Totaled $964,000

In May, Joliet Patch broke the news, revealing that Joliet and the Joliet Police Department received news that their efforts to convince federal judge Jeffrey Cummings to dismiss Nicole Lurry's August 2020 federal lawsuit for the death of her husband, Eric Lurry, in Joliet police custody did not succeed.

The federal judge issued his ruling of 68 pages, and while some of plaintiff Nicole Lurry's claims were thrown out by the judge, several others were allowed to stay. In summary, that meant Joliet now faced the risk of having to pay out several million dollars if a jury verdict goes against the Joliet police officers and supervisors who were involved in the events that led to Lurry's untimely death more than five years ago.

The four defendant Joliet police officers in the Lurry lawsuit are: Lieutenant Jeremy Harrison, now-retired Sergeant Doug May, Officer Jose Tellez and now-former Officer Andrew McCue.

Eric Lurry, Jr. was arrested on January 28, 2020 after Joliet police reportedly observed him engaging in a hand-to-hand drug sale. Lurry was taken into police custody, and he died of a drug overdose less than 24 hours later in Presence St. Joseph’s Hospital.

Meanwhile, back in March, Joliet Patch reported that Joliet Police Officer Cassie Socha and her lawyer Hall Adams of Chicago settled their federal civil rights lawsuit for a grand total of $287,000 to resolve her revenge porn lawsuit against her employer, the Joliet Police Department and the City of Joliet. Patch later learned that the city's outside expense legal costs during the past seven years of federal litigation on Socha's case totaled nearly $677,000.

According to Joliet Patch's tallies of the city's lawsuit expenses, the $287,000 settlement for Socha plus the $677,000 in outside legal expenses to defend and prolong the litigation, ended up costing the city $964,000.

This year's city of Joliet budget, approved by Mayor Terry D'Arcy and the City Council, included a property tax increase for the first time in several years. One of the major spending increases contained within the 2025 budget was the doubling of funds available for lawsuit settlements.

The city legal department's 2024 budget set aside $1 million for claims. The amount of money requested for the 2025 budget was $2 million.

Related Joliet Patch Eric Lurry coverage:

Joliet Officer Turned Off Car's Video System As Eric Lurry Died

Joliet Police Caused Eric Lurry's Death: Federal Lawsuit

7-Day Suspension: Joliet Police Sgt. Slapped, Demeaned Eric Lurry

USA Today: Joliet Police Kick Whistleblower Out In 35-1 Vote

Unlawful Policing Investigation Launched In Joliet: AG's Office

Related Patch coverage of Unlawful Policing Practices In Joliet:

• Joliet Can No Longer Deny History Of Police Misconduct: Todd Wooten
• People Of Color Treated Differently At Joliet Police Traffic Stops: Attorney General
• Joliet Police Department Has Long Pattern Of Excessive Force: Attorney General
• Joliet Police Used Excessive Force At Mexican Independence Day:
• 'Dangerous Foot Pursuits' By Joliet Police Often Not Justified: AG