An Illinois Appellate Court has upheld a jury’s award of over $3 million in a whistleblowing case brought by a former Chicago State University (CSU) employee against the school. James Crowley, who worked as a legal counsel for CSU, claims he was fired by the university in retaliation for refusing to withhold documents subject to the state’s open records law.

First Award Under Illinois Ethics Act

Crowley was fired from his $120,000 per year job in February 2010. He filed suit not only against the University, but also against its then-president and the trustees who served on the board when he was fired. In 2014, a jury found that Crowley had been unfairly fired and awarded him $480,000 in back pay and $2 million in punitive damages.

It was the first time a punitive award had been given under the Illinois State Officials and Employees Ethics Act, designed to deter whistleblower retaliation. The law had gone into effect in November 2003.

Appellate Court Increases the Original Award

In a unanimous decision, the 3-judge panel of the Illinois Appellate Court not only upheld the jury’s original award but also doubled Crowley’s back pay with interest. Additionally, the Court ordered CSU to pay for Crowley’s legal fees and to continue paying his salary through the appeals process, bringing the total award to about $5 million. If the University continues to appeal and loses, the award will climb even higher.

The Case For Whistleblowing

According to Crowley, the bad blood between him and the University began when a faculty member requested documents under the State Records Act about Wayne Watson. Watson had been recently hired as president of CSU but had not yet officially began serving in the position. Watson instructed Crowley to release only two pages of relevant documents, while Crowley interpreted the State Records law to mean that the entire set of documents should be released.

Retaliation Against the Whistleblower

According to the Appellate Court’s opinion, at one point Watson threatened Crowley against releasing the information, telling Crowley, “If you read [the law] my way, you’re my friend. If you do it your way, you’re my enemy.” Crowley was subsequently fired from CSU. The school’s attorneys asserted that Crowley wasn’t fired in retaliation for whistleblowing, but rather for misusing reserved parking spaces and preferential treatment of a student.

Judge Writes A Scathing Opinion

The Appellate Court’s Justice Terrence J. Lavin pulled no punches in writing about the Court’s unanimous decision under the Ethics Act, saying that, “Defendants did whatever they could to protect Watson’s reputation, and they did it at Crowley’s expense.” The Court also accused CSU of instigating “a campaign designed to both economically harm Crowley and to inflict psychological distress upon him.”

CSU Claims It’s Too Poor to Pay the Award

Along with other arguments, the school claimed that the original award wasn’t fair because Illinois state colleges are suffering under budget cuts. CSU even enlisted “amicus briefs” from other state schools to bolster its argument that it shouldn’t be forced to pay the award. Appellate Judge James Smith wasn’t buying it. “Let’s not play games here,” he said. “Stick to the case.”

A Weak Rebuttal

An attorney for the school, Michael Resis, has vowed to appeal the decision up to the Illinois Supreme Court. Instead of denying that the university was involved in the corrupt behavior described in the lawsuit, Resis only complained that the size of the punitive fine awarded was “without precedent.”

Nonetheless, the award has been viewed as a triumph by Crowley and other whistleblowers who have experienced similar retaliation. 

To learn more about the Ethics Act and how the law protects you as a whistleblower, contact our legal team.

Client Testimonials

“Where do I begin, I found Eric Mausner by accident when my fiance got into an accident back in July of 2019, Eric and his paralegal Janelle worked on our case diligently and closed the case quicker than we expected! In October my fiance was involved in ANOTHER accident but this time it was a more serious motorcycle accident and he was in the hospital for about three months. I only knew then I had to call Eric and Janelle right away. They were the best, not only did they come and visit us in the hospital to make sure we both were doing ok, but they came to get everything started! long story short, The case closed today! We got everything we hoped for and more. Eric and Janelle are the best to work with and I would recommend their office to EVERYONE that needs an accident attorney!”

Ashley Guerrero

“Eric Mausner and the team at Balkin & Mausner are excellent at what they do. With a tremendous work ethic, Eric represents his clients with both zeal and professionalism. He is a victim's advocate who commits to make sure that the case is pushed through to its rightful conclusion.”

Daniel Wolf

“My girlfriend was involved in an accident. Immediately, I called Eric and he stayed on the line with me from start to finish to make sure that I received the proper legal assistance.Eric went above and beyond to help me and I cannot be anymore grateful for his professionalism and attentiveness. He will be the first person I call if the unfortunate circumstance ever arises again.Thanks Eric!”

Jory Cass

“I'm very happy that I went with Eric Muasner Law, P.A. Him and his associates were extremely professional and very pleased with the results. I received three times more than what I originally expected! Thank you! Thank you! Thank you!”

Eric Brito

“Chuck Balkin represented my father 22 years ago when he was working in construction and a scaffolding failure led to some pretty substantial injuries. On that referral, I called Balkin & Mausner to speak to him after I was in a motorcycle accident. I was promptly put through and he asked me how my Dad was doing. He remembered everything about my Dad and his case as if they were old friends. I promptly signed-up with him. From there, everything was so easy, and my case was settled quickly. I would recommend him to everyone.”

Matt Samuel

Free Case Evaluation