Turnipseed v. Brown

State: Illinois

Court: 1st District Appellate

Docket No: 1-08-2571 Rel

Case Date: 05/04/2009

Preview:FIRST DIVISION May 4, 2009

No. 1-08-2571

DARNIECE BAILEY TURNIPSEED, RAMON TURNIPSEED and RAYMOND THOMAS,

) ) ) Plaintiffs-Appellees, ) ) v. ) ) DOROTHY BROW N, Clerk of the Circuit Court ) of Cook County in Her Official Capacity, and THE ) COUNTY OF COOK, ) ) Defendants-Appellants. )

Appeal from the Circuit Court of Cook County.

No. 04 CH 17172

Honorable Kathleen M. Pantle, Judge Presiding.

PRESIDING JUSTICE ROBERT E. GORDON delivered the opinion of the court: Plaintiffs Darniece Bailey Turnipseed, Ramon Turnipseed, and Raymond Thomas seek to recover the interest that accrued on money that they deposited with defendant Dororthy Brown, the clerk of the circuit court of Cook County, in connection with bail bonds that they executed. In addition to suing defendant Brown, plaintiffs sued the county of Cook, a body politic,1 which, plaintiffs allege,

"Each county *** shall be a body politic and corporate, by the name and style of `The county of __________,' and by that name may sue and be sued, plead and may be impleaded, defend and be defended against in any court having

1

1-08-2571 would be liable for any judgement issued against defendant Brown. On August 19, 2008, the circuit court of Cook county granted plaintiffs' motion for class certification and denied defendants' motion to dismiss. On October 16, 2008, the appellate court granted defendants' petition for leave to appeal the trial court's grant of class certification. For the reasons discussed below, we reverse the orders granting class certification and denying defendants' motion to dismiss. BACKGROUND Plaintiffs allege that, on February 2, 2002, plaintiffs Darniece Bailey Turnipseed and Ramon Turnipseed deposited $100 with defendant Brown. The amount was 10% of the $1,000 bail that had been set for plaintiff Darniece Bailey Turnipseed in a criminal matter. The Turnipseeds made their deposit pursuant to the Illinois Code of Criminal Procedure of 1963, which provides that a "person for whom bail has been set" may obtain his or her release by executing a bail bond and depositing with the clerk of the court "a sum of money equal to 10% of the bail," with a minimum deposit of $25. 725 ILCS 5/110-7(a) (West 2006). Plaintiffs allege that defendant Brown placed the bail bond money in an

jurisdiction of the subject matter ***." 55 ILCS 5/5-1001 (W est 2006). 2

1-08-2571 interest-bearing account. Defendants concede that defendant Brown does place bail bond money in an interest-bearing account, as required by Cook County Ordinance No. 93-0-45. Section 34-4(b) of this ordinance provides that: "All elected and appointed public officials of Cook County are directed to invest public funds in their possession or for which they are custodians in interest-bearing accounts ***." Cook County Taxpayers' Interest Assurance Ordinance No. 93-O-45

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