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Docket No. 91108-Agenda 26-November 2001.

MARGARET M. CARVER et al., Appellants, v. THE SHERIFF 
OF La SALLE COUNTY, Appellee.

Opinion filed February 6, 2003.

CHIEF JUSTICE McMORROW delivered the opinion of thecourt:

This case is before us on a question of Illinois law certified bythe United States Court of Appeals for the Seventh Circuit. 145 Ill.2d R. 20. The certified question is:

"Whether, and if so when, Illinois law requires countiesto pay judgments entered against a sheriff's office in anofficial capacity. If [the Supreme Court of Illinois]believes that the answer depends on whether the case wassettled as opposed to litigated, we would welcometreatment of that distinction as well."

For the reasons that follow, we hold that under Illinois law asheriff, in his or her official capacity, has the authority to settle andcompromise claims brought against the sheriff's office. Becausethe office of the sheriff is funded by the county, the county istherefore required to pay a judgment entered against a sheriff'soffice in an official capacity. We further hold that this conclusionis not affected by whether the case was settled or litigated.

BACKGROUND

On April 14, 1994, plaintiffs Margaret M. Carver and RandallS. Carmean, former employees of the La Salle County sheriff'sdepartment, filed a complaint in the United States District Courtfor the Northern District of Illinois against La Salle County, theLa Salle County sheriff's department, and Anthony M. Condie,sheriff of La Salle County. The complaint alleged that the sheriffof La Salle County, Anthony Condie, engaged in sexualharassment, sex discrimination, deprivations of equal protection,and retaliation, in violation of title VII of the Civil Rights Act of1964 (42 U.S.C.