Thomas N. Osran
Thomas N. Osran

Call it a jury in a hurry.

Just six minutes after heading into deliberation, a Cook County jury on Friday found in favor of a county housing inspector sued for gender violence by a suburban Section 8 tenant.

The defendant’s attorney, Thomas N. Osran of Judge, James & Kujawa LLC in Park Ridge, said he believes it’s the first-ever jury verdict under the Illinois Gender Violence Act.

The IGVA, enacted in 2004, provides a civil cause of action to victims of gender-related violence. The charges can be brought independent of any criminal prosecution for battery.

Osran said that while preparing his client’s case, all the previous instances of IGVA cases he found were disposed of before ever reaching a jury trial.

The underlying suit was filed in 2012 by Colleen Askins, who received housing vouchers from the Housing Authority of Cook County (HACC) under the federal subsidy program Section 8.

As a Section 8 tenant, Askins’ home in south suburban Lynwood was subject to an annual inspection by HACC.

John Espinosa worked for HACC as an inspector and visited Askins’ home in May 2011.

The complaint alleged that while conducting the inspection, Espinosa grabbed Askins’ buttocks and licked her breasts.

Askins alleged that Espinosa threatened to fail the home inspection and jeopardize her Section 8 eligibility if she refused his sexual advances.

After leaving, Espinosa sent a text message to Askins requesting a “sexy picture,” the complaint alleged.

Askins’ home failed the inspection. She alleged that the failure was retaliation for rebuffing Espinosa’s advances.

Espinosa presented a completely different tale.

He testified that he had a friendly rapport with Askins and the others in the home.

While inspecting the master bedroom, Espinosa claimed Askins lowered the top of her dress, displaying a tattoo above her breast that read “lick it.” She asked him if he wanted to, Espinosa alleged.

Espinosa claimed he declined her gesture and continued with the inspection.

HACC requires Section 8 units to undergo annual inspections to ensure the living conditions are safe and sanitary. When a unit fails an inspection, HACC specifies whether the failure falls on the landlord or tenant to correct.

Espinosa testified that because the exterior paint issue was the landlord’s problem, the failed inspection never put Askins’ Section 8 eligibility in jeopardy.

Espinosa admitted to sending the text message asking for a picture. But he said it was a playful comment based on a conversation the two had during the inspection, where Espinosa showed Askins photos saved on his phone.

While browsing through cellphone photos, Espinosa said Askins asked him to send her a picture of himself.

“He said she kept bugging him,” Osran said. “He admitted it was a horribly stupid thing to do.”

Cook County prosecutors charged Espinosa with battery in July 2011, according to court records. At a December 2011 criminal trial in Markham, Circuit Judge John D. Turner Jr. found Espinosa not guilty on a directed verdict.

Claims of assault and violation of the Civil Rights Act were dismissed on summary judgment by Cook County Circuit Judge James N. O’Hara in April.

O’Hara also granted summary judgment in favor of HACC in October on claims of willful and wanton hiring and retention, the Illinois Civil Rights Act of 2003 and the IGVA.

The trial before Circuit Judge Diane M. Shelley started last Tuesday and ran through Friday.

At the close of evidence, Askins voluntarily dismissed the claims for battery and intentional infliction of emotional distress, leaving the jury only to decide on the IGVA claim.

Six minutes into deliberation — as the lawyers were getting ready to leave, Osran said — the sheriff’s deputy came back and told them the verdict was reached.

Askins asked for $750,000 plus punitive damages and declined an offer for $5,000, Osran said.

He said the speed of deliberations showed the jury wasn’t convinced by Askins’ account.

“She was trying to make money out of nothing,” Osran said.

In a handwritten statement shared with the Daily Law Bulletin through Osran, Espinosa said the ruling was a relief.

“I waited for 4 yrs for vindication + it came in 6 minutes,” he wrote.

Espinosa was also represented by Michael E. Kujawa of Judge, James & Kujawa.

Askins was represented by Kent D. Sinson, managing partner of Sinson Law Group. He could not be reached for comment.

The case is Colleen Askins v. Housing Authority of Cook County, et al., No. 12 L 3258.