(740 ILCS 24/5)
Sec. 5. Compelled confession; civil action. (a) Independent of any criminal prosecution or the result thereof, any person suffering injury to his or her person or damage
to his or her property as a result of having been compelled to confess or provide information regarding an offense by force or threat of imminent bodily harm may bring a civil action
for damages, injunctive relief, or other appropriate relief. Upon a finding of liability, the court
shall award actual damages, including damages for emotional distress, punitive damages, when
appropriate, and any suitable equitable relief. A judgment in favor of the prevailing plaintiff
shall include an award for reasonable attorney's fees and costs. (b) Independent of any criminal prosecution or the result thereof, any person suffering damages as a result of
retaliatory action may bring a civil action for damages, injunctive relief, or other appropriate
relief. A judgment in favor of the prevailing plaintiff shall include an award for reasonable
attorney's fees and costs. (c) For purposes of this Section, "retaliatory action" means: (1) tortious
conduct directed against an individual, or (2) the reprimand, discharge, suspension, demotion, or
denial of promotion or change in the terms and conditions of employment, that is taken in
retaliation because he or she has opposed or reported that which he or she reasonably and in
good faith believed to be the use of force or threat of imminent bodily harm to compel a confession or information
regarding an offense, or because he or she has made a charge, filed a complaint, testified,
assisted, or participated in an investigation, proceeding, or hearing involving the use of force or threat of imminent bodily harm to compel a confession or information regarding an offense.
(Source: P.A. 94-1113, eff. 1-1-08.) |