Madigan v. Burge

Burge was a Chicago police officer, 1970 to 1993, and served as supervisor of the violent crimes unit. In 1997, Burge was granted pension benefits by the Policemen’s Annuity and Benefit Fund of Chicago. A 2003 civil rights lawsuit alleged torture and abuse by officers under Burge’s command. Burge denied, under oath, having any knowledge of, or participation in, the torture or abuse of persons in custody. In 2008, Burge was convicted of perjury, 18 U.S.C. 1621(1), and obstruction of justice, 18 U.S.C. 1512(c)(2), and sentenced to four and one-half years’ imprisonment. His convictions were affirmed. Burge has not been indicted for conduct which occurred while he was still serving on the Department. In 2011, the Board held a hearing to consider whether, under the Illinois Pension Code, 40 ILCS 5/5-227, Burge’s pension benefits should be terminated because of his federal felony convictions. Section 5-227 states that “[n]one of the benefits … shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his service as a policeman.” Burge maintained that his felony convictions related solely to the giving of false testimony in a civil lawsuit filed years after his retirement from the force. The divided Board concluded that “the motion was not passed.” “Burge continued to receive benefits. No administrative review was sought. The Attorney General, on behalf of the state, sued Burge and the Board, under section 1-115 of the Pension Code. The trial court held that deciding whether to terminate Burge’s pension was a “quintessential adjudicative function” that rested exclusively within the original jurisdiction of the Board, subject to review under the Administrative Review Law. The appellate court reversed. The Illinois Supreme Court reversed, reinstating the dismissal.Burke View "Madigan v. Burge" on Justia Law