East Central Reporter

Shelby County has settled a federal lawsuit for $850,000 involving Nicholas Banning, who nearly died while incarcerated at the Shelby County Jail during former Sheriff Koonce's term. The settlement process raised concerns due to the lack of a board vote and transparency issues.

Kirk Allen from Edgar County Watchdogs (ECWd) initially requested a copy of the settlement agreement from the State’s Attorney and County Clerk but faced delays. Allen stated, "Our request to the State’s Attorney and the County Clerk for a copy of the settlement agreement resulted in more games, in our opinion."

Allen argued that despite not having physical possession of the document, officials should be aware of its location with entities performing government functions on behalf of the county. He cited legal provisions under 5 ILCS 5/140/2.20 and 5 ILCS 140/7(2) to support his request.

After repeated follow-ups and involvement from an attorney representing ECWd and COGS — Coalition Opposing Governmental Secrecy — a copy was finally provided. The attorney had warned, "My clients... intend to file suit on this next Friday if no response is received."

The settlement agreement names Shelby County as a party involved. Allen noted it was unusual for such settlements to occur without any governing board vote or public discussion, describing it as "less than transparent."

The situation also highlights broader issues within Illinois regarding property tax sale laws, which have led to lawsuits against multiple counties after state-level legal corrections were not made following a Supreme Court ruling two years ago.

A copy of the Nicholas Banning settlement agreement is available for public viewing or download.