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* UPDATED x1 * AG Madigan’s office heads to Adams County grand jury

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Attorneys with the Illinois attorney general’s office went before an Adams County grand jury Thursday regarding Legionnaires’ disease outbreaks at the Illinois Veterans Home.

After exiting the grand jury, the three attorneys confirmed they were with the attorney general’s office but said that was all they could say when approached by a Herald-Whig reporter.

Attorney general spokeswoman Maura Possley said the office had no comment on the investigation.

Illinois Attorney General Lisa Madigan’s office said Oct. 3 that it was investigating to see if Gov. Bruce Rauner’s administration broke any laws in the way it handled the Legionnaires’ disease outbreak at the Veterans Home.

* From Patty Schuh in the governor’s office…

As the elected chief legal officer of the state, the Illinois Attorney General is charged with fairly and impartially representing the state and providing sound legal advice.

The Attorney General has represented the state and Department of Veterans Affairs in multiple lawsuits that were filed after the tragic deaths of our veterans during the 2015 outbreak of Legionnaires Disease at the Quincy Veterans Home.

After a review of the facts in each of the 11 cases stemming from this outbreak, the Attorney General denied the state has any liability in the deaths.

In the documents filed with the Court by the Illinois Attorney General in each of the cases — the Attorney General denied any state negligence or wrongdoing. The Attorney General also denied the claimants are due damages. The Attorney General’s first court filing stemming from the 2015 outbreak came on June 27, 2016 and the most recent on October 25, 2017.

The Attorney General continues to represent the state and Department of Veterans Affairs in the pending Court of Claims cases.

…Adding… You can click here to see one of AG Madigan’s filings.

*** UPDATE *** From the AG’s office…

Unlike a court of claims case where the plaintiff alleges that the negligence of the State or State agency caused injury, a criminal investigation does not look at the liability of the State or a State agency. It looks at whether individuals acted outside the scope of their authority and committed crimes. Every state employee involved in overseeing the care provided by the Quincy Veterans’ Home, including the Governor’s staff, should want to get to the bottom of whether crimes were committed in events that lead to the deaths of more than a dozen people.

posted by Rich Miller
Thursday, Oct 25, 18 @ 4:21 pm

Comments

How many people died? The fact one and then some did is crime enough.

Comment by Glengarry ho Thursday, Oct 25, 18 @ 4:28 pm
Interesting response. Seems to be accusing the AG’s office of agreeing with the administration previously, talking out of both sides of its collective mouth, and even not so subtly of a conflict of interest.

Comment by Ron Burgundy Thursday, Oct 25, 18 @ 4:42 pm
How is it possible that the AGs office is representing the state in Quincy civil lawsuits yet presumably presenting evidence of crimes at Quincy before a grand jury?

Is there not a wee bit of a conflict going on?

Comment by wordslinger Thursday, Oct 25, 18 @ 4:53 pm
I’m confused. Does the AG believe that the State behaved wrongly or not? If they believe the state did wrong, then why did she agree to say in court that they were proper? And if she thinks they were wrong, doesn’t she need to change their position in the lawsuits?

Comment by Anon Thursday, Oct 25, 18 @ 5:03 pm
Anon,
I suspect it’s not that’s confusing. At the time the AG’s office found nothing troubling and indicative of State’s recklessness. It was later after emails between the Gov’s office and the Directors of Veterans Afairs and Public Health became known that the extent of the malfeasant behavior by unqualified individuals revealed themselves, all in the name of politics loyalty and public appearance.

Comment by FedUp Thursday, Oct 25, 18 @ 6:18 pm
Maybe there were individual criminal acts during the Rauner cover up?

Comment by Precinct Captain Thursday, Oct 25, 18 @ 6:23 pm
It is unseemly for the AG to criminally investigate individuals and agencies it actively represents. That said, the AG is not directly comparable to other lawyers. The AG can and has represented adverse interests, sometimes even providing representation to two sides in the same case.

Comment by #1 Anon Thursday, Oct 25, 18 @ 6:49 pm
–The AG can and has represented adverse interests, sometimes even providing representation to two sides in the same case.–

Didn’t know that, but I’ll presume those were civil matters, is that correct?

Here, you have the AG representing the administration in civil litigation, while publicly stating that it is investigating possible criminal actions by members of that same administration.

I can’t see how that’s kosher. The conflict of interest seems overwhelming.

Comment by wordslinger Thursday, Oct 25, 18 @ 6:58 pm
Representing the state, by investigating possible individuals to be liable rather the state being liable…is that a right reading of what is going on?

Comment by My New Handle Thursday, Oct 25, 18 @ 7:41 pm
–Unlike a court of claims case where the plaintiff alleges that the negligence of the State or State agency caused injury, a criminal investigation does not look at the liability of the State or a State agency. It looks at whether individuals acted outside the scope of their authority and committed crimes.–

Yeah, not as dazzling as you must think.

Seriously, that’s your best shot?

Under that explanation, the AG can take the same set of facts, and:

–Assert in civil litigation that the state or a state agency is not negligent or liable for the actions of its employees.

– Seek to prosecute those same employees on criminal charges for the same negligence or actions.

You know what, AG Madigan: Maybe you should have lit a fire under the Adams County SA back in 2015, when the folks started dying. Or 2016. Or 2017.

Crime scenes ain’t like fine wine, they don’t age well.

The October 2018 Surprise of a criminal investigation is long overdue, but obviously political and cynical as can be.

Shame on you. The vets and their loved ones deserved a whole lot better from you.

Comment by wordslinger Thursday, Oct 25, 18 @ 10:51 pm
–Unlike a court of claims case where the plaintiff alleges that the negligence of the State or State agency caused injury–

Or state employees acting for the State or State agency. Like the very ones who would be the subject of the grand jury. This is some real fine parsing going on here.

Comment by Ron Burgundy Friday, Oct 26, 18 @ 8:42 am