DOWNERS GROVE, Ill. — Kathleen Zellner, a renowned civil rights attorney from DuPage County, has recently clinched another significant victory in her ongoing efforts to overturn wrongful convictions. This victory came on behalf of Ryan Ferguson, a man previously wrongfully convicted, with a Missouri court awarding a judgment of $37.9 million against Travelers Indemnity Company.
The substantial award issued on Friday includes $2.9 million for compensatory damages and a further $35 million in punitive damages. The case was heard in Cole County, Missouri, under Judge Cotton Walker, drawing local and national attention during the four-day jury trial.
Zellner’s legal actions stemmed from the insurance company’s failure to engage in settlement discussions before the trial concerning Ferguson’s civil rights lawsuit. In 2017, Ferguson was awarded $11 million due to a wrongful conviction lawsuit which led to this consequential trial for failing to provide adequate defense and indemnification.
Ryan Ferguson had originally been imprisoned for a decade before his release in 2013, which Zellner facilitated. His wrongful imprisonment began with a conviction that later collapsed due to new witness testimonies, helping to clear his name and expose the miscarriages of justice he suffered.
In connection with this case, Zellner was supported by co-counsel Michael Berry, Wayne Jordan, and Kathryn Thomas. The deliberation by the jury lasted less than 75 minutes, reflecting perhaps a decisive stance on the matter by those involved. The defending attorneys for Travelers, Evan Stephenson and Christopher Harper, faced a robust case brought forward by Zellner and her team.
This landmark judgment is seen as a stern warning to insurance companies about the serious financial implications of denying law enforcement officers needed coverages in civil rights violation cases. Zellner noted that this kind of practice not only detrimentally affects those unjustly convicted but also harms the police officers who find themselves unprotected in lawsuits.
Parallel to Ferguson’s case, Zellner continues to advocate for Steven Avery, made infamous by the Netflix documentary “Making a Murderer.” Avery’s ongoing struggle in Wisconsin’s judicial system mirrors many aspects of Ferguson’s initial proceedings, with both men having experienced substantial periods of wrongful incarceration.
Avery remains imprisoned, and his case is pending before the Wisconsin Court of Appeals, with hopes for a pivotal ruling expected before year’s end. Zellner underscores that settlements and judgments like Ferguson’s underline the high costs and impacts of delayed justice.
Zellner began representing Ferguson back in 2009, and by 2018, alongside Michael Berry, she initiated the bad faith action against Travelers, having opted for a strategy that would preserve the financial well-being of the six defendant police officers involved in Ferguson’s original civil lawsuit.
These cases highlight ongoing challenges and inconsistencies within the U.S. justice system, particularly concerning the treatment of wrongful convictions and the subsequent legal battles to correct those errors. It also draws attention to the crucial part insurance entities play in the broader legal landscape, affecting outcomes and the pursuit of justice.
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