East Central Reporter

Nicholas Banning has concluded his lawsuit with a second settlement, this time with ACH, the medical provider contracted by the Shelby County Sheriff's office to provide healthcare for inmates. The settlement amount is $250,000.

The process of obtaining a copy of the settlement agreement involved some back-and-forth communication. Initially, there was confusion regarding the request for documents. A specific request was made: “A copy of the Settlement Agreement in the Nicholas Banning case and ACH, the health care provider hired by the county -# 3:21-cv-03100-CR.” However, State’s Attorney responded: “I have already provided you with a copy of the Settlement Agreement. I do not understand what it is you are asking for below. Please be more specific.”

Clarification was sought as follows: “I am asking for the ACH agreement. That was the health care provider hired by the Sheriff. The agreement you provided was for the county. The lawsuit was settled by both ACH and the County. There are two separate agreements.”

Previously, Banning had settled with Shelby County itself for $850,000, making his total compensation from both settlements $1,100,000.

State’s Attorney had advised: “I am requesting a copy of the settlement agreement and will review your request below and the applicability of Rushton once it is received.” This led to questions about why case law would only be reviewed upon receipt of settlements when its applicability should already be known.

The legal firm representing Shelby County confirmed that under Rushton v. Wexford case law established by Illinois Supreme Court, such agreements must adhere to transparency laws and are subject to FOIA requests.

A link to view a redacted version of ACH's settlement agreement has been provided. Further details about deposition transcripts from this case are pending release.

It is understood that individuals operating at Shelby County Jail lacked proper training or policies necessary for their roles as corrections officers.