Patrick Pursley, Wrongly Accused and Convicted, Reflects on His Acquittal after Spending 25 Years in Prison
Jenner & Block is proud of its 2019 pro bono results:
On January 16, 2019, an Illinois judge acquitted pro bono client Patrick Pursley of first-degree murder.
In this video, Mr. Pursley and his Jenner & Block lawyers reflect on the decades-long fight to prove his innocence.
Read more about the case in The Heart of the Matter .
Firm Publishes The Heart of the Matter Pro Bono Report
A wrongfully accused man is acquitted. An imprisoned terminally ill man receives an $11 million jury verdict. From veterans to human trafficking victims, from the Modern Classroom Project to the YWCA, Jenner & Block is pleased to tell these stories and more in our annual report on pro bono and community service. The Heart of the Matter, published in time for Valentine’s Day, is a multi-media website that demonstrates how we have changed the lives of the clients and organizations we are privileged to represent. For more information about the firm's pro bono program, please also visit The Heart of the Matter blog.
Representing Big Shoulders Fund in Landmark Agreement with the Archdiocese of Chicago
The firm represented long-time pro bono client Big Shoulders Fund in the negotiation of a historic agreement with the Archdiocese of Chicago to support Catholic schools in the neediest areas of Chicago.
Completed in December 2019 and announced in early 2020, the agreement provides for tens of millions of dollars to be invested in Catholic schools in Chicago’s lower-income communities over the next decade. An article in The Chicago Tribune described the effort as “a massive investment that comes amid widespread challenges to keeping schools open.” The agreement was also announced in Crain’s Chicago Business.
Under the agreement, the Archdiocese and Big Shoulders together will provide more than $90 million in 30 Catholic schools located predominantly on the city’s South and West sides, with Big Shoulders donating $47.5 million to schools from Auburn Gresham to the Austin neighborhood over the next 10 years, and the Archdiocese providing nearly $45 million, to keep the schools open and improve their scholastic performance.
The Jenner & Block team, led by Partner Vincent E. Lazarand Big Shoulders Fund board member Daniel R. Murray, along with former associate David D. Heckman, worked with the client for more than a year to fashion this groundbreaking agreement.
Firm Wins Illinois Appellate Victory for Pro Bono Client in Car Insurance Dispute
A team represented Robert Nixon, a 72-year-old veteran. At issue in the long-running case was Mr. Nixon’s auto insurance policy, which the insurance company refused to honor after he was involved in an accident.
In 2014, Mr. Nixon purchased a used car and acquired an auto insurance policy from Direct Auto Insurance Company. When Mr. Nixon was in an accident a few months later, Direct Auto refused to cover him and rescinded his policy, claiming that Mr. Nixon had lied on his insurance application because he had not listed his cousins as members of his “household.” Because Direct Auto refused to defend Mr. Nixon’s insurance claim, a lawsuit by the other driver in the accident resulted in a default judgment against Mr. Nixon, as well as suspension of his driver’s license for driving without insurance.
Direct Auto sued Mr. Nixon in the Circuit Court of Cook County, seeking a declaratory judgment that it was not obligated to indemnify him in light of its rescission. Mr. Nixon retained the pro bono assistance of another law firm, who took to the case to trial in the Circuit Court of Cook County. After a bench trial, the Circuit Court ruled for Mr. Nixon, holding that Direct Auto was obligated to indemnify him for the accident. The circuit court also held that Mr. Nixon had not lied on his application and that Direct Auto had deliberately made its application confusing and misleading. The circuit court held that Direct Auto’s rescission of the policy was “vexatious and unreasonable” and imposed the maximum allowable sanction under the Illinois Insurance Code, awarding an additional $60,000 to Mr. Nixon.
Direct Auto appealed, and the firm stepped in to represent Mr. Nixon. On September 30, 2019, the Illinois Appellate Court affirmed the judgment for Mr. Nixon. The appellate court agreed with the firm that even if Mr. Nixon’s cousins were members of his household (which they were not), that purported misrepresentation would have been immaterial and would not have justified rescission of the policy. The time for Direct Auto to appeal to the Illinois Supreme Court
elapsed on January 8, 2020.
Associate Leigh J. Jahnig drafted the response brief, with assistance from Associate Nathaniel K.S. Wackman. Partners John Mathias, Jr., and David M. Kroeger supervised the drafting. Paralegal Mary Patston provided invaluable assistance.
Firm Secures Below-Guidelines Sentence for Client
Through the firm’s work serving on the Criminal Justice Act panel in the United States District Court for the Southern District of New York, a team of associates secured a favorable and unexpected outcome in a pro bono matter.
The case involved a 23-year-old client who had a significant prior criminal record and who was subsequently charged with selling relatively large quantities of drugs on 12 occasions to an undercover officer.
Associate Tali Leinwand led the case, with assistance from Associate Logan J. Gowdey and supervision from Partners Anthony S. Barkow and Katya Jestin.
The team negotiated a plea agreement with the government shortly after the client's arrest that reduced the mandatory minimum sentence from 120 months to 60 months. Despite the government's recommendation for an incarceration term of at least 100 months, and a Sentencing Guidelines range of up to 150 months' incarceration, the client was ultimately sentenced to a below-Guidelines term of 72 months in prison.
During the sentencing proceeding in December 2019, Chief Judge Colleen McMahon praised Ms. Leinwand's "very eloquent" oral argument and her and Mr. Gowdey's "excellent brief," telling the client how fortunate he was to have received such "excellent lawyering" and specifically citing favorable policy arguments that were set forth in the brief. The client was very appreciative as well.
Over the course of the representation, the team was also assisted by Associate Matt Phillips, summer associate Idun Klakegg, and paralegals Ricia Augusty and Charlotte Stretch.
Fourth Circuit Revives Maryland-Based Census Suit
The firm secured a pro bono victory on behalf of the National Association for the Advancement of Colored People (NAACP), Prince George’s County, Maryland, and other plaintiffs that are challenging the federal government’s plans for the 2020 Census. Co-counsel with the Rule of Law Clinic at Yale Law School, the firm argues that the Bureau’s deficient plans will lead to an undercount of communities of color, leading to inequities in political representation and federal funding.
Originally filed in 2018, NAACP et al. v. Bureau of the Census was dismissed in 2019 at the district court level. On December 19, 2019, the Fourth Circuit reinstated the suit, remanding it back to the district court to reconsider the plaintiffs’ Enumeration Clause claims. The unanimous three-judge panel concluded that the district court “erred in dismissing the plaintiffs’ Enumeration Clause claims as unripe, and in precluding the plaintiffs from filing an amended complaint regarding those claims after the defendants’ plans for the 2020 Census became final.”
Partner Jessica Ring Amunson argued the appeal with a student from the Yale Law Clinic. The team also includes Partners Susan Kohlmann, Jeremy Creelan and Michael Ross; Special Counsel Seth Agata; Associates Jacob Alderdice, Amy Egerton-Wiley, Logan Gowdey, Alex Trepp, Matthew Phillips, Keturah James and David Clark; Law Clerk Andrew Whinery; and Paralegal Esmeralda Bako.
“This decision gets us closer to a more just 2020 Census and shines a light on the critical issues at stake in the decennial census,” Ms. Amunson said in a press release about the decision.
At the NAACP’s annual meeting in July 2019, the organization honored the team with its “Foot Soldier in the Sand Award” for its efforts in the case.
The NAACP suit is the second suit the firm has filed, pro bono, seeking to ensure that the census adequately counts hard-to-count populations. The firm also represents the Center for Popular Democracy Action and the city of Newburgh, New York, in a suit that seeks an injunction that would require the government to implement a plan to ensure that hard-to-count populations will be enumerated. Filed in November 2019, Center for Popular Democracy Action and City of Newburgh v. Bureau of the Census is pending.