Petition for Writ of Certiorari — Angelo Pesavento, et al., Petitioners v. Eddie L. Bolden

Supreme Court briefMar 30, 2026

Ask Donna

What actually matters in this document.

Text

No. 25IN THE

Supreme Court of the United States

__________

DETECTIVE ANGELO PESAVENTO; POLICE OFFICER

JAMES OLIVER; THE ESTATES OF DETECTIVES GEORGE

KARL AND EDWARD SIWEK; AND THE CITY OF CHICAGO,

Petitioners,

v.

EDDIE L. BOLDEN,

__________

Respondent.

On Petition for Writ of Certiorari to the

United States Court of Appeals

for the Seventh Circuit

__________

PETITION FOR WRIT OF CERTIORARI

__________

MARY B. RICHARDSON-LOWRY

Corporation Counsel

of the City of Chicago

MYRIAM ZRECZNY KASPER*

Deputy Corporation Counsel

SUZANNE M. LOOSE

Chief Assistant Corporation Counsel

AYA R. BARNEA

Assistant Corporation Counsel

2 N. LaSalle Street, Suite 580

Chicago, IL 60602

(312) 744-3564

myriam.kasper@cityofchicago.org

*Counsel of Record

QUESTION PRESENTED

Whether prejudgment interest should be

unavailable as a matter of law on awards of

noneconomic damages, such as pain and suffering and

loss of a normal life.

i

ii

PARTIES TO THE PROCEEDING

Petitioners are former Detective Angelo

Pesavento, former Police Officer James Oliver, the

Estates of Detectives George Karl and Edward Siwek,

and the City of Chicago. Respondent is Eddie L.

Bolden.

iii

RELATED PROCEEDINGS

United States Court of Appeals (7th Cir.):

Bolden v. Pesavento, et al.,

No. 24-1674 (Nov. 6, 2025)

United States District Court (N.D. Ill.):

Bolden v. Pesavento, et al.,

No. 17-cv-00417 (Apr. 2, 2024)

iv

TABLE OF CONTENTS

Page

QUESTION PRESENTED ..........................................i

PARTIES TO THE PROCEEDING ........................... ii

RELATED PROCEEDINGS ..................................... iii

TABLE OF CONTENTS ............................................ iv

TABLE OF AUTHORITIES....................................... vi

PETITION FOR WRIT OF CERTIORARI ................. 1

INTRODUCTION ........................................................ 1

OPINIONS BELOW .................................................... 4

JURISDICTION .......................................................... 4

STATEMENT .............................................................. 5

REASONS FOR GRANTING THE PETITION ......... 8

I. The Circuits Are Divided on the Question

Presented. .............................................................. 8

II. The Decision Below Is Wrong. ............................ 12

v

III. The Question Presented Is Important and

This Case Is the Appropriate Vehicle for

Resolving It. ....................................................... 18

CONCLUSION .......................................................... 20

APPENDIX A – Seventh Circuit Opinion (Nov. 6,

2025) .......................................................................... 1a

APPENDIX B – Order Denying Petition for

Rehearing (Dec. 30, 2025) ....................................... 19a

APPENDIX C – District Court Order

(Apr. 2, 2024) ........................................................... 21a

vi

TABLE OF AUTHORITIES

CASES

Page

Anderson v. Whittaker Corp.,

894 F.2d 804 (6th Cir. 1990) ......................... 11

Barnard v. Theobald,

721 F.3d 1069 (9th Cir. 2013) ....................... 11

Bickel v. Korean Air Lines Co.,

96 F.3d 151 (6th Cir. 1996) ........................... 17

Blackburn v. Snow,

771 F.2d 556 (1st Cir. 1985) ......................... 12

Brown v. City of Chicago,

No. 19-cv-4082,

2025 WL 2785426

(N.D. Ill. Sept. 30, 2025) ............................... 18

City of Milwaukee v. Cement Division, National

Gypsum Co.,

515 U.S. 189 (1995) ................................. 13, 17

Deakle v. John E. Graham & Sons,

756 F.2d 821 (11th Cir. 1985) ................. 11, 16

vii

Dennis v. City of Philadelphia,

No. 18-2689,

2024 WL 4008747

(E.D. Pa. Aug. 30, 2024) .................................. 9

Drachenberg v. Canal Barge Co.,

621 F.2d 760 (5th Cir. 1980) ......................... 12

Forman v. Korean Air Lines Co.,

84 F.3d 446 (D.C. Cir. 1996) ......................... 11

Furtado v. Bishop,

604 F.2d 80 (1st Cir. 1979) ........................... 11

Garcia v. Burlington Northern Railroad Co.,

818 F.2d 713 (10th Cir. 1987) ....................... 14

Gillispie v. City of Miami Township,

No. 3:13-cv-416,

2023 WL 4868486

(S.D. Ohio July 31, 2023) .............................. 18

Gilliam v. Allen,

62 F.4th 829 (4th Cir. 2023) ......... 9, 14, 15, 17

Greater Westchester Homeowners Association v.

City of Los Angeles,

603 P.2d 1329 (Cal. 1979) ............................. 17

Hendrickson v. Cooper,

589 F.3d 887 (7th Cir. 2009) ......................... 17

viii

Hillier v. Southern Towing Co.,

740 F.2d 583 (7th Cir. 1984) ........................... 7

Hunter v. Allis-Chalmers Corp.,

797 F.2d 1417 (7th Cir. 1986) ....................... 13

Limone v. United States,

579 F.3d 79 (1st Cir. 2009) ........................... 14

Monessen Southwestern Railway v. Morgan,

486 U.S. 330 (1988) ................................. 12, 14

Moore-McCormack Lines, Inc. v. Richardson,

295 F.2d 583 (2d Cir. 1961) .......................... 15

Moorer v. Baptist Memorial Health Care System,

398 F.3d 469 (6th Cir. 2005) ......................... 11

Mutual Service Casualty Insurance Co. v.

Elizabeth State Bank,

265 F.3d 601 (7th Cir. 2001) ......................... 13

Nance v. City of Newark,

501 F. Appx. 123 (3d Cir. 2012) ...................... 8

Nevor v. Moneypenny Holdings, LLC,

842 F.3d 113 (1st Cir. 2016) ......................... 11

People v. Bolden,

746 N.E.2d 335 (Ill. App. Ct. 1999) ................ 5

ix

People v. Bolden,

756 N.E.2d 812 (Ill. 2001) ............................... 5

Petition of City of New York,

332 F.2d 1006 (2d Cir. 1964) ............ 11, 12, 13

Petition of Marina Mercante Nicaraguense, S.A.,

248 F. Supp. 15 (S.D.N.Y. 1965) ................... 12

Poleto v. Consolidated Rail Corp.,

826 F.2d 1270 (3d Cir. 1987) ...................... 8, 9

Richards v. County of San Bernardino,

No. 5:17-cv-00497-HDV-SP,

2025 WL 3254074

(C.D. Cal. Nov. 7, 2025) ................................ 18

Robinson v. Fetterman,

387 F. Supp. 2d 483 (E.D. Pa. 2005)............... 9

Stroh Container Co. v. Delphi Industries, Inc.,

783 F.2d 743 (8th Cir. 1986) ......................... 14

Thomas v. Texas Department of Criminal Justice,

297 F.3d 361 (5th Cir. 2002) ......................... 10

Valley Line Co. v. Ryan,

771 F.2d 366 (8th Cir. 1985) ................... 11, 13

West Virginia v. United States,

479 U.S. 305 (1987) ....................................... 13

x

White v. Chafin,

862 F.3d 1065 (10th Cir. 2017) ..................... 10

White v. McKinley,

No. 05-203,

2009 WL 813001

(W.D. Mo. Mar. 26, 2009) .............................. 19

Wickham Contracting Co. v. Local Union No. 3,

International Brotherhood of Electrical Workers,

955 F.2d 831 (2d Cir. 1992) .......................... 16

Wilson v. Burlington Northern Railroad Co.,

803 F.2d 563 (10th Cir. 1986) ....................... 15

STATUTES AND RULES

28 U.S.C. § 1254(1) ................................................... 4

28 U.S.C. § 1331 ....................................................... 4

28 U.S.C. § 1343 ....................................................... 4

28 U.S.C. § 1367 ....................................................... 4

42 U.S.C. §§ 2000e – 2000e-17 ............................... 10

45 U.S.C. § 51 et seq. ................................................ 8

xi

OTHER AUTHORITIES

Betty Campbell, Prejudgment Interest in Tennessee:

It’s a Fine Mess We’re In! Proposed Statutory

Solutions to the Inequitable Application of an

Equitable Remedy,

34 U. Mem. L. Rev. 789 (2004) ..................... 15

Stephen J. Carroll, Rand Corporation, Jury Awards

& Prejudgment Interest in Tort Cases (1983) ........ 15

Joseph H. King, Jr., Pain & Suffering,

Noneconomic Damages & The Goals of Tort Law,

57 SMU L. Rev. 163 (2004) ........................... 14

Michael F. Sturley & David C. Frederick,

Prejudgment Interest in Seamen’s

Personal Injury Cases: Supreme Court

Precedent Lost in a Sea of Procedural

Confusion,

33 J. Mar. L. & Com. 423 (2002) ............ 12, 13

IN THE

Supreme Court of the United States

__________

DETECTIVE ANGELO PESAVENTO; POLICE OFFICER

JAMES OLIVER; THE ESTATES OF DETECTIVES GEORGE

KARL AND EDWARD SIWEK; AND THE CITY OF CHICAGO,

Petitioners,

v.

EDDIE L. BOLDEN,

__________

Respondent.

On Petition for Writ of Certiorari to the

United States Court of Appeals

for the Seventh Circuit

__________

PETITION FOR WRIT OF CERTIORARI

__________

Detective Angelo Pesavento, Police Officer James

Oliver, the Estates of Detectives George Karl and

Edward Siwek, and the City of Chicago respectfully

petition for a writ of certiorari to review the judgment

of the United States Court of Appeals for the Seventh

Circuit.

INTRODUCTION

This case presents an important question of

federal law on which the courts of appeals are divided

and this Court’s guidance is needed: whether

prejudgment interest should be unavailable when a

damages award is based on purely noneconomic loss.

2

The purpose of prejudgment interest is to fully

compensate the plaintiff for a loss of money caused by

the defendant’s actions. For example, a plaintiff may

be owed money under a contract, have lost pay from

his job, or have incurred out-of-pocket expenses.

Between the time of that economic injury and the final

judgment, the plaintiff’s money, had he invested it,

would have earned interest. On the theory that a

plaintiff could have done so, and to adjust for the timevalue of money, prejudgment interest is needed to

provide complete compensation.

The rationale for prejudgment interest, however,

falls apart when a plaintiff has experienced intangible

harms, such as pain and suffering or loss of a normal

life. There is widespread agreement that intangible

harms are impossible to quantify and that, as applied

to intangible loss, money is a mere proxy for the harm

suffered. In other words, intangible harms are not

reversible by money. These qualities make

noneconomic loss incompatible with prejudgment

interest. A plaintiff with only noneconomic loss did not

lose the use of his money, which is the only loss that

prejudgment interest was designed to compensate.

Further, juries are typically instructed to award full

compensation for noneconomic damages, so a jury’s

damages award (which is awarded in current dollars

as of the time of the verdict) should already include

compensation for the time a plaintiff waited for the

award. Indeed, it is a mathematical fiction to subject

intangible harms to a rate of return. Rather than

furthering the goal of full compensation, prejudgment

interest for noneconomic damages provides a windfall

to a plaintiff and penalizes a defendant who chooses

3

to defend against claims at trial rather than settle a

case at its earliest stages.

Three circuits – the Third, Fourth, and Tenth –

recognize the incompatibility of prejudgment interest

and noneconomic loss and endorse the view that

prejudgment interest should not be available for

noneconomic loss. The Fifth, Seventh, and Ninth

Circuits have gone the other way, allowing

prejudgment interest even on noneconomic loss, as

have the Second, Sixth, and Eighth Circuit, at least in

admiralty cases. And while the First Circuit has

allowed prejudgment interest awards to stand, it has

expressed doubt about this position. The law on this

issue, therefore, is in disarray. Depending on the

locale, some defendants are subject to prejudgment

interest for noneconomic damages and others are not.

The inequity is untenable. Indeed, no court or

defendant in any circuit should be required to expend

resources litigating prejudgment interest on

noneconomic damages, because such interest does not

advance the intended purpose of prejudgment

interest.

The question presented has particularly severe

consequences for local governmental entities. While

awarding prejudgment interest for noneconomic loss

makes no sense in any context, the stakes are

especially high in litigation under section 1983, like

the present case, which can give rise to massive

verdicts that are almost exclusively comprised of

noneconomic damages. Verdicts in section 1983 cases

often reach into the tens of millions of dollars. Indeed,

in this case, the verdict was $25 million. The risk of

4

adding millions more in prejudgment interest when it

serves no compensatory purpose injects financial

uncertainty into government operations and diverts

taxpayer dollars from other important government

services and programs.

This case presents an excellent vehicle to resolve

the different approaches of the courts of appeals. It

presents the issue as a pure question of law that does

not depend on any factual inquiries. The petition

should be granted.

OPINIONS BELOW

The Seventh Circuit’s opinion (App. 1a – 18a) is

reported at 158 F.4th 879. The order denying

rehearing and rehearing en banc, App. 19a – 20a, is

not reported. The district court’s decision that

awarded prejudgment interest, App. 21a – 28a, is

unreported, and is available at 2024 WL 1496199

(N.D. Ill. Apr. 2, 2024).

JURISDICTION

The United States District Court for the Northern

District of Illinois, which had jurisdiction pursuant to

28 U.S.C. §§ 1331, 1343, and 1367, entered a final

judgment on April 12, 2024. Petitioners filed a timely

notice of appeal on April 22, 2024.

The Seventh Circuit entered judgment on

November 6, 2025. Petitioners filed a timely petition

for rehearing and rehearing en banc on December 11,

2025, which was denied on December 30, 2025.

App. 19a – 20a. The jurisdiction of this Court is

invoked under 28 U.S.C. § 1254(1).

5

STATEMENT

Eddie Bolden was arrested on February 26, 1994,

for the murders of two men and the attempted murder

of a third man. R. 391 at 1, 16.1 After a jury convicted

Bolden in October 1996, Bolden was sentenced to

natural life in prison for the murders, with the

sentence to run consecutively with a 30-year sentence

for the attempted murder. R. 391 at 21. The Illinois

Appellate Court and Illinois Supreme Court affirmed

Bolden’s convictions and sentences. People v. Bolden,

746 N.E.2d 335 (Ill. App. Ct. 1999); People v. Bolden,

756 N.E.2d 812 (Ill. 2001).

After postconviction proceedings, the Circuit

Court of Cook County reversed Bolden’s convictions

and ordered a new trial on the ground of ineffective

assistance of counsel. R. 655 at 49, 54-55. The State

entered a nolle prosequi on April 16, 2016, R. 536-5,

and Bolden was released from custody that same day,

R. 646 at 39.

On January 19, 2017, Bolden filed this lawsuit

against petitioners, alleging constitutional violations

under section 1983 and state-law claims. R. 1; R. 391

at 24-33. The trial took place in October 2021. R. 730

at 3.

At trial, the jury was instructed that, if it found

petitioners liable, it was to determine the amount of

money “that will fairly compensate [Bolden] for any

injury that you find he sustained and is reasonably

We cite the district court record as “R. __,” and the Seventh

Circuit record as “7th Cir. Dkt. __.”

1

6

certain to sustain in the future as a direct result of the

actions of [petitioners].” R. 599 at 43. The jury was

further instructed to consider damages only for “[t]he

physical and mental and emotional pain and

suffering” and “[t]he loss of normal life that [Bolden]

has experienced and is reasonably certain to

experience in the future.” R. 599 at 43. The verdict

form included one line for compensatory damages, and

did not delineate between past and future injuries.

R. 566 at 4.

The jury returned a verdict in favor of Bolden and

against all petitioners on all counts. R. 615. The jury

awarded Bolden $25 million in compensatory

damages and $100,000 in punitive damages against

each of the officers. R. 615.

Bolden moved to amend the judgment to add

prejudgment interest in the amount of $7,629,466.51.

R. 680.2 Bolden argued that prejudgment interest was

warranted based on substantial delays outside of his

control and “the nature of [petitioners’] violations of

the law.” R. 680 at 3. Petitioners asserted, in response,

that prejudgment interest should be denied because

Bolden’s losses were entirely noneconomic. R. 694 at

3-5. The district court granted Bolden’s motion and

awarded the full amount of prejudgment interest

Bolden had requested. R. 730 at 4; App. 28a. The court

saw no reason to treat noneconomic loss differently

The parties executed an agreement in April 2024, R. 769, that

resolved all aspects of the case except for the prejudgment

interest award. As part of that agreement, Bolden agreed to

accept a reduced amount of prejudgment interest, should

petitioners ultimately be liable for paying such interest.

2

7

from economic loss. R. 730 at 2; App. 24a. The court

found that the jury awarded Bolden damages for the

22 years he spent in prison but did not compensate

him for the time value of money after his release.

R. 730 at 3; App. 26a.

Petitioners appealed to the Seventh Circuit,

arguing, among other things, that the district court’s

award of prejudgment interest for noneconomic loss

was erroneous as a matter of law. 7th Cir. Dkt. 29 at

12-20. Petitioners explained that noneconomic

injuries are incompatible with prejudgment interest

and that awarding prejudgment interest for

noneconomic damages is not necessary to provide full

compensation. 7th Cir. Dkt. 29 at 13-14. Petitioners

also asserted that Hillier v. Southern Towing Co., 740

F.2d 583 (7th Cir. 1984), an admiralty decision

holding that prejudgment interest may be awarded for

noneconomic loss, was wrongly decided and should be

overruled, 7th Cir. Dkt. 29 at 15-17. Petitioners

explained that the courts of appeals were divided on

the question of whether prejudgment interest should

be available for noneconomic damages and urged the

court to join the circuits that do not award

prejudgment interest for noneconomic loss. 7th Cir.

Dkt. 29 at 17-20.

The Seventh Circuit rejected petitioners’

argument and adhered to Hillier, 740 F.2d 583,

holding that prejudgment interest may be awarded for

noneconomic loss. App. 6a – 8a. The court stated that

there “is nothing special” about noneconomic damages

that justified a denial of prejudgment interest.

App. 7a. The court noted that it had consistently

8

affirmed awards of prejudgment interest for economic

loss due to violations of federal law. App. 8a. The court

also stated that if there were a circuit split on this

issue, it is “‘rarely prudent to move from one side of a

conflict to the other.’” App. 10a (citation omitted). The

court held that prejudgment interest is not allowed for

future damages, however, and remanded to the

district court to determine what portion of the award

compensated for past damages and to calculate

prejudgment interest on that portion. App. 12a – 16a.

REASONS FOR GRANTING THE PETITION

I.

The Circuits Are Divided

Question Presented.

on

the

The courts of appeals are divided on whether

prejudgment interest is available on noneconomic

damages awards.

Three circuits – the Third, Fourth, and Tenth –

recognize the incompatibility between prejudgment

interest and noneconomic loss.

The Third Circuit, in a decision addressing

whether the Federal Employers’ Liability Act, 45

U.S.C. § 51 et seq. permits prejudgment interest,

stated that because noneconomic damages “do not

compensate for market-induced harms,” they “do not

require the adjustment for the time the successful

plaintiff’s money was out of the market which

prejudgment

interest

provides.”

Poleto

v.

Consolidated Rail Corp., 826 F.2d 1270, 1278 n.14 (3d

Cir. 1987); see Nance v. City of Newark, 501 F. Appx.

123, 131 (3d Cir. 2012) (remanding for determination

9

of whether “award includes some identifiable

component of past economic damages on which

prejudgment interest should be awarded”) (emphasis

added).3

The Fourth Circuit, in a section 1983 case, held

that adding prejudgment interest to noneconomic

damages was an abuse of discretion. Gilliam v. Allen,

62 F.4th 829 (4th Cir. 2023). There, the plaintiffs

alleged that law enforcement officers fabricated their

confessions, causing them to be incarcerated for 31

years. Id. at 834. The compensatory damages verdict

was for noneconomic losses only. Id. at 845. In

reversing the prejudgment interest award, the court

focused on the noneconomic nature of the plaintiffs’

injuries. Id. at 849. The court noted that the plaintiffs

had claimed “the deprivation of constitutional rights,

not the loss of use of money where prejudgment

interest would most naturally be appropriate as an

element of compensation.” Id. at 848. Because the

The Seventh Circuit stated that Poleto reached this conclusion

only in dicta. App. 9a. However, district courts in the Third

Circuit understand Poleto to be the law of the Third Circuit on

this issue. Dennis v. City of Philadelphia, No. 18-2689, 2024 WL

4008747, at *1-2 (E.D. Pa. Aug. 30, 2024) (stating in section 1983

case that “the Third Circuit has emphasized prejudgment

interest cannot be awarded for noneconomic harm”); Robinson v.

Fetterman, 387 F. Supp. 2d 483, 485 (E.D. Pa. 2005) (“[W]e read

the precedents in this circuit to give a district court discretion to

add prejudgment interest in a [section] 1983 action on the

economic portion of any verdict or finding but to prohibit it from

doing so with respect to that portion of the verdict or finding

which compensates for pain and suffering or other non-economic

loss.”).

3

10

plaintiffs’ damages “amorphously aggregated” over

time and there was no claim for the loss of use of

money, prejudgment interest was a “product of

speculation” and “functionally a double recovery or

punitive or both.” Id. at 849-50.

Similarly, the Tenth Circuit held that it was not

an abuse of discretion for the district court to deny

prejudgment interest on noneconomic damages. In

White v. Chafin, 862 F.3d 1065 (10th Cir. 2017), a

section 1983 case, the court affirmed the district

court’s conclusion that prejudgment interest was

“unnecessary to compensate” the plaintiff. Id. at 1068.

There, the court of appeals explained that although

the plaintiff assumed “that noneconomic damages are

incurred instantly at a discrete point in time and that

any delay in payment is compensable,” the district

court could reasonably view noneconomic damages as

continuing over an undefined period. Id. at 1069.

Seven circuits, in addition to the Seventh Circuit

in the present case, go the other way. To start, the

Fifth Circuit held, in a case under Title VII of the Civil

Rights Act of 1964, 42 U.S.C. § 2000e – 2000e-17, that

prejudgment interest “should apply to all past

injuries, including past emotional injuries.” Thomas v.

Texas Department of Criminal Justice, 297 F.3d 361,

372 (5th Cir. 2002). The court stated that

prejudgment interest is warranted “whenever a

certain sum is involved,” and that “[r]efusing to award

prejudgment interest ignores the time value of money

and fails to make the plaintiff whole.” Id.

Similarly, the Ninth Circuit, in a section 1983

case, held that prejudgment interest may be awarded

11

for noneconomic damages on the ground that

noneconomic damages are “just as much an ‘actual

loss’ . . . as purely economic damages.” Barnard v.

Theobald, 721 F.3d 1069, 1078 (9th Cir. 2013).

The Second, Sixth, Eighth, and Eleventh Circuits

have likewise allowed prejudgment interest to be

awarded for noneconomic loss; all are admiralty cases.

See Petition of City of New York, 332 F.2d 1006, 1008

(2d Cir. 1964); Anderson v. Whittaker Corp., 894 F.2d

804, 807-10 (6th Cir. 1990); Valley Line Co. v. Ryan,

771 F.2d 366, 377 (8th Cir. 1985); Deakle v. John E.

Graham & Sons, 756 F.2d 821, 833-34 (11th Cir.

1985).4

And while the First Circuit has also allowed

prejudgment interest to be added to noneconomic

damages, see, e.g., Nevor v. Moneypenny Holdings,

LLC, 842 F.3d 113, 125 (1st Cir. 2016) (admiralty), it

has, at the same time, expressed doubt about that

view. In Furtado v. Bishop, 604 F.2d 80 (1st Cir.

1979), a section 1983 case, the court debated whether

prejudgment interest for noneconomic loss should be

discretionary or “barr[ed] . . . altogether.” Id. at 98.

The court stated that prejudgment interest “will not

always be necessary to compensate” plaintiffs with

The Sixth Circuit and the District of Columbia Circuit have

affirmed awards of prejudgment interest for noneconomic

damages outside of admiralty, but the propriety of doing so was

not at issue on appeal. See Moorer v. Baptist Memorial Health

Care System, 398 F.3d 469, 478 (6th Cir. 2005) (claim under

Americans with Disabilities Act); Forman v. Korean Air Lines

Co., 84 F.3d 446, 450-51 (D.C. Cir. 1996) (claims related to

airplane crash).

4

12

intangible injuries. Id. at 97; see Blackburn v. Snow,

771 F.2d 556, 573 (1st Cir. 1985) (remanding

prejudgment interest award for further findings

because, among other things, the award of

compensatory damages “was based upon an

intangible loss – the type of loss more usually reflected

in the (pre-interest) lump sum”).

In short, the circuits are divided on the answer to

the question presented, warranting certiorari.

II.

The Decision Below Is Wrong.

In the early twentieth century, the prevailing

view was that prejudgment interest was allowed in

tort actions “where the loss is pecuniary.” Monessen

Southwestern Railway v. Morgan, 486 U.S. 330, 347

(1988) (Blackmun, J., concurring in part and

dissenting in part) (emphasis added). “That limitation

stemmed from the notion that, for nonpecuniary

losses, such as pain and suffering, ‘juries and courts

will make the sum given in gross a fair and just

compensation.’” Michael F. Sturley & David C.

Frederick, Prejudgment Interest in Seamen’s Personal

Injury Cases: Supreme Court Precedent Lost in a Sea

of Procedural Confusion, 33 J. Mar. L. & Com. 423,

428 (2002).

In the second half of the twentieth century, courts

in admiralty cases began to award prejudgment

interest for maritime personal injuries, including for

noneconomic loss. See, e.g., Petition of City of New

York, 332 F.2d at 1007-08 (collecting cases);

Drachenberg v. Canal Barge Co., 621 F.2d 760, 762-63

(5th Cir. 1980); Petition of Marina Mercante

13

Nicaraguense, S.A., 248 F. Supp. 15, 36 (S.D.N.Y.

1965). One justification was that “a wage-earner

needed to be restored to his prior financial status just

as much as a vessel owner.” Sturley & Frederick,

Prejudgment Interest in Seamen’s Personal Injury

Cases, 33 J. Mar. L. & Com. at 429. In addition, courts

suggested that “admiralty stands on a different

footing than the common law in this respect, on the

theory that the loss occurs all at once and that the

claimant is entitled to recovery as of the moment of

loss.” Valley Line Co., 771 F.2d at 377; see also Petition

of City of New York, 332 F.2d at 1008 (prejudgment

interest warranted based on immediate loss to the

plaintiff and delay in payment of compensation). And

as noted, many circuits have now expanded the

application of prejudgment interest to noneconomic

damages outside the context of admiralty.

This reflects a flawed understanding of the

intangible harms upon which noneconomic damages

are based. “The essential rationale for awarding

prejudgment interest is to ensure that an injured

party is fully compensated for its loss.” City of

Milwaukee v. Cement Division, National Gypsum Co.,

515 U.S. 189, 195 (1995). In particular, prejudgment

interest compensates “for the loss of use of money due

as damages from the time the claim accrues until

judgment is entered.” West Virginia v. United States,

479 U.S. 305, 310 n.2 (1987); accord Mutual Service

Casualty Insurance Co. v. Elizabeth State Bank, 265

F.3d 601, 630 (7th Cir. 2001) (prejudgment interest

compensates party for money of which he was

wrongfully deprived); Hunter v. Allis-Chalmers Corp.,

797 F.2d 1417, 1426 (7th Cir. 1986) (prejudgment

14

interest aims to place a plaintiff “in the monetary

position he would have occupied” if the defendant had

not violated his rights). Prejudgment interest makes

perfect sense when applied to economic losses, which

is why it “classically applies when there is a delayed

payment of a contractual obligation.” Gilliam, 62

F.4th at 848. Other concrete economic damages may

include pay from a job or out-of-pocket expenses.

Whatever the context, that lost money could have

earned interest, had the breach or injury not occurred.

See Garcia v. Burlington Northern Railroad Co., 818

F.2d 713, 721 (10th Cir. 1987) (award of interest

plaintiff could not earn on lost income or on money

spent for out-of-pocket expenses makes injured party

whole). Prejudgment interest fills that gap and thus

compensates a party “for the true costs of money

damages incurred.” Stroh Container Co. v. Delphi

Industries, Inc., 783 F.2d 743, 752 (8th Cir. 1986).

When applied to noneconomic losses, however,

prejudgment interest does not advance its goal of full

compensation at all. Noneconomic losses, such as pain

and suffering, “are not reversible by money.” Joseph

H. King, Jr., Pain & Suffering, Noneconomic Damages

& The Goals of Tort Law, 57 SMU L. Rev. 163, 179

(2004). In other words, a plaintiff who experienced

intangible loss cannot be returned to his pre-injury

status with money. Id. And because a monetary award

cannot reverse intangible harm, noneconomic

damages are “not truly compensatory.” Monessen

Southwestern Railway, 486 U.S. at 348 n.5

(Blackmun, J., concurring in part and dissenting in

part). At best, noneconomic damages are a “rough and

awkward proxy” for the harm suffered. Limone v.

15

United States, 579 F.3d 79, 105 (1st Cir. 2009). And

while a plaintiff who suffered noneconomic loss, such

as pain and suffering, is awarded money for lost wellbeing, an award for noneconomic loss “is merely the

reduction of . . . sentimental value to dollars at the

time of judgment and does not in any real or analytical

sense represent the return of the loss of the use of

money.” Wilson v. Burlington Northern Railroad Co.,

803 F.2d 563, 567 (10th Cir. 1986) (McKay, J.,

concurring). Because emotional injuries cannot be

reversed with money and noneconomic damages do

not return lost money to the plaintiff, adding

prejudgment interest to an award of noneconomic

damages does not compensate for any financial loss.

A further reason that prejudgment interest does

not further the goal of full compensation is that an

award of noneconomic damages already includes

compensation for time the plaintiff had to wait for the

award. Juries are not, of course, asked to compensate

for intangible harms based on the value of money at

the time of the injury; rather, they make awards based

on current values. And, in fact, juries already account

for the passage of time when fashioning awards,

increasing awards “at a rate of 3.7 percent per year for

the time between injury and trial.” Gilliam, 62 F.4th

at 848-49 (citing Stephen J. Carroll, Rand

Corporation, Jury Awards & Prejudgment Interest in

Tort Cases, at v (1983)); see also Moore-McCormack

Lines, Inc. v. Richardson, 295 F.2d 583, 594 (2d Cir.

1961) (“no one would be so naïve as to suppose that

juries do not throw into the scales the years that a

plaintiff may have had to wait before his case can be

heard by a jury”); Betty Campbell, Prejudgment

16

Interest in Tennessee: It’s a Fine Mess We’re In!

Proposed Statutory Solutions to the Inequitable

Application of an Equitable Remedy, 34 U. Mem. L.

Rev. 789, 840 (2004) (juries “arguably [take] into

account the time delay in determining the award”).

In this case, in October 2021, the jury awarded

Bolden damages, in October 2021 dollars, for “any

injury . . . he sustained and is reasonably certain to

sustain in the future.” R. 599 at 43. Thus, the award

here, like other awards of its kind, already took into

account the time Bolden waited for judgment. Adding

prejudgment interest merely results in a windfall,

which is improper. See Wickham Contracting Co. v.

Local Union No. 3, International Brotherhood of

Electrical Workers, 955 F.2d 831, 834 (2d Cir. 1992)

(prejudgment interest must not overcompensate the

plaintiff).

Calculating prejudgment interest on noneconomic

loss, moreover, is a mathematical fiction. When

economic losses are at issue, prejudgment interest can

be accurately calculated. Losses or expenses are

incurred on certain dates and for specific durations.

See, e.g., Wickham Contracting Co., 955 F.2d at 837

(prejudgment interest on economic damages awarded

to cover time between when plaintiff was to receive

payment per contract schedule and judgment);

Deakle, 756 F.2d at 834 (prejudgment interest on lost

wages calculated by adjusting separately each year’s

installment).

But noneconomic loss does not lend itself to these

kinds of calculations. Intangible harm does not accrue

evenly. Mental and emotional injuries are “of a

17

continuing nature,” Greater Westchester Homeowners

Association v. City of Los Angeles, 603 P.2d 1329, 1338

(Cal. 1979), and “amorphously aggregate[] over the

course of time,” Gilliam, 62 F.4th at 849. This makes

it “particularly difficult to determine when any

particular increment of intangible loss arose.” Greater

Westchester Homeowners Association, 603 P.2d at

1338. Noneconomic loss is “very difficult to quantify,”

Hendrickson v. Cooper, 589 F.3d 887, 892 (7th Cir.

2009), and “[i]t is impossible to determine the exact

value” of intangible harms, Bickel v. Korean Air Lines

Co., 96 F.3d 151, 156 (6th Cir. 1996). Pretending that

a noneconomic damages award can be neatly divided

into regularly-accruing segments – as the

prejudgment interest formula demands – is an

exercise in futility, and “adds uncertain conjecture to

speculation.” Greater Westchester Homeowners

Association, 603 P.2d at 1338.

Because prejudgment interest on noneconomic

loss does not serve its intended purposes, it becomes

nothing more than an extra payment for defendants –

a penalty for declining to settle a case and taking it to

trial, and even for delays in litigation that may not be

the defendants’ fault, such as when the plaintiff

refuses a reasonable settlement offer early in the case,

or delays due the COVID-19 pandemic (as happened

here). Moreover, in section 1983 cases, there is

already an incentive for defendants to litigate

efficiently: the plaintiff will be entitled to attorney’s

fees if he prevails. Adding prejudgment interest to a

noneconomic damages award is purely punitive, yet,

this Court has very clearly held that prejudgment

interest is not supposed to be a penalty. City of

18

Milwaukee, 515 U.S. at 197.

This discussion demonstrates the Seventh

Circuit’s error here. The court failed to address the

tension

between

prejudgment

interest

and

noneconomic damages. Relying on a prior decision in

an admiralty case, the court incorrectly treated

economic and noneconomic damages as identical,

finding that “[t]here is nothing special about

noneconomic damages” that would exempt them from

prejudgment interest. App. 7a. The court also

concluded that the underlying reason for prejudgment

interest – “to make the injured party whole – applies

with equal force” to intangible harm. App. 8a. The

court ignored that plaintiffs who experience

noneconomic loss do not lose the use of their money,

and that adding prejudgment interest to noneconomic

damages does not serve a compensatory purpose. That

decision was wrong.

III.

The Question Presented Is Important

and This Case Is the Appropriate

Vehicle for Resolving It.

The stakes are rising for plaintiffs and

defendants. With respect to section 1983 in particular,

verdicts nationwide are routinely in the multimillions of dollars. See, e.g., Richards v. County of San

Bernardino, No. 5:17-cv-00497-HDV-SP, 2025 WL

3254074, at *1 (C.D. Cal. Nov. 7, 2025) (verdict of

more than $25 million); Brown v. City of Chicago, No.

19-cv-4082, 2025 WL 2785426, at *3 (N.D. Ill. Sept.

30, 2025 (verdict of $50 million); Gillispie v. City of

Miami Township, No. 3:13-cv-416, 2023 WL 4868486,

19

at *42 (S.D. Ohio July 31, 2023) (verdict of $45

million); White v. McKinley, No. 05-203, 2009 WL

813001, at *4 (W.D. Mo. Mar. 26, 2009) (verdict of $14

million). The prospect of adding prejudgment interest

for millions of dollars more has devastating financial

implications for local governments, which operate

within planned, tight budgets. The unprincipled

addition of prejudgment interest is an unjustified

burden on taxpayers. In addition, it is a waste of

resources for the courts and the parties in any circuit

to litigate the issue of prejudgment interest, when the

only logical answer, in every case where only

noneconomic damages are awarded, is that it is

unwarranted.

This case cleanly presents the issue of whether

prejudgment interest may be added to awards of

noneconomic damages. No questions of fact are

presented; the issue is purely a question of law. This

case therefore presents an excellent vehicle for

deciding this pressing question.

20

CONCLUSION

The petition for a writ of certiorari should be

granted.

Respectfully submitted,

MARY B. RICHARDSON-LOWRY

Corporation Counsel

of the City of Chicago

MYRIAM ZRECZNY KASPER*

Deputy Corporation Counsel

SUZANNE M. LOOSE

Chief Assistant Corporation Counsel

AYA R. BARNEA

Assistant Corporation Counsel

2 N. LaSalle Street, Suite 580

Chicago, IL 60602

(312) 744-3564

myriam.kasper@cityofchicago.org

Attorneys for Petitioners

*Counsel of Record

March 30, 2026

APPENDIX

TABLE OF CONTENTS TO THE APPENDIX

APPENDIX A – Seventh Circuit Opinion (Nov. 6,

2025) .......................................................................... 1a

APPENDIX B – Order Denying Petition for

Rehearing (Dec. 30, 2025) ....................................... 19a

APPENDIX C – District Court Order

(Apr. 2, 2024) ........................................................... 21a

1a

APPENDIX A

UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

__________

No. 24-1674

__________

EDDIE L. BOLDEN,

Plaintiff-Appellee,

v.

ANGELO PESAVENTO, et al.,

Defendants-Appellants.

__________

Appeal from the United States District Court for the

Northern District of Illinois, Eastern Division.

No. 1:17-cv-00417, Steven C. Seeger, Judge.

__________

Argued: September 4, 2025

Decided: November 6, 2025

__________

Before BRENNAN, Chief Judge, and KOLAR and

MALDONADO, Circuit Judges.

KOLAR, Circuit Judge. Eddie Bolden brought a

wrongful conviction lawsuit under 42 U.S.C. § 1983

2a

against the City of Chicago after his sentence for

murder was vacated in April 2016. He prevailed at

trial, and the jury awarded him $25 million in

damages for pain, suffering, and the loss of a normal

life. Then the district court awarded him another $7.6

million in prejudgment interest for the six years and

five months it took him to obtain a judgment against

the City.

Defendants now appeal the award of prejudgment

interest. They contend that prejudgment interest is

unavailable as a matter of law for noneconomic

damages like Bolden’s, and in the alternative that the

district court abused its discretion in awarding

interest. We affirm in almost all respects, but remand

for the district court to recalculate the interest award

after apportioning the jury’s verdict between past

(interest-eligible) and future (interest-ineligible)

damages.

I. Background

Bolden was arrested in February 1994 for the

murders of Irving Clayton and Derrick Frazier and

the attempted murder of Clifford Frazier. A jury found

him guilty in October 1996, and he was sentenced to

life in prison. After Bolden filed a petition for

postconviction relief, the Illinois courts vacated his

conviction based on ineffective assistance of counsel

and ordered a new trial. The State voluntarily

dismissed the charges against him on April 19, 2016;

Bolden was released the same day. In total, Bolden

spent over 22 years in prison.

Bolden sued the City and several police officers in

January 2017, alleging that his arrest and wrongful

3a

conviction violated the Constitution and state law. His

trial was originally slated for November 2019 but ran

into several delays. First, his case was reassigned to

Judge Seeger in September 2019, who rescheduled the

trial date for July 2020. Then this date fell through

when the COVID-19 pandemic forced a shutdown of

all civil trials in 2020. Bolden’s trial ultimately took

place in October 2021.

At trial, Bolden testified about the harms he had

suffered while incarcerated and his difficulties in

readjusting to life outside prison. He stated that he

had been robbed of experiences with family members,

had trouble sleeping, and continued to suffer from

depression and suicidal thoughts. Bolden offered

corroborating testimony from his sister and aunt, who

recounted their experiences meeting with Bolden in

prison and helping him readjust to the outside world.

In his closing argument, Bolden’s counsel urged

the jury to award $44 million in compensatory

damages—quantified as “a million dollars for what

they took and a million dollars for what they made

him endure,” adding up to “$2 million for each of those

22 years” Bolden had spent incarcerated. He stressed

that this amount was only a starting point that

“doesn’t even count how his life going forward has

been forever changed” by the Defendants’ conduct.

The court instructed the jury that, upon a finding of

liability, it should assess compensatory damages as

“the physical and mental and emotional pain and

suffering” and “loss of normal life” that Bolden “has

experienced and is reasonably certain to experience in

the future.”

4a

The jury found in Bolden’s favor on all claims and

awarded him $25 million in compensatory damages

plus $100,000 in punitive damages against each of the

two living individual Defendants. After resolving the

parties’ post-trial motions, the district court entered a

final judgment on September 30, 2022.

Bolden moved to amend the judgment and add

$7,629,466.51 in prejudgment interest. He calculated

this amount as the total interest incurred from the

date his sentence was vacated (April 19, 2016)

through the entry of final judgment, compounded

monthly at the average prime rate over this period of

4.13%. The district court granted his motion,

awarding Bolden the full amount requested.

Defendants now appeal.

II. Discussion

We pause at the outset to recount a few basic

principles relevant to this appeal. Prejudgment

interest “serves dual purposes: to fully compensate

the plaintiff and to minimize a defendant’s incentive

to delay.” Thorncreek Apartments III, LLC v. Mick,

886 F.3d 626, 637 (7th Cir. 2018). It is grounded in the

recognition that “[c]ompensation deferred is

compensation reduced by the time value of money.”

Matter of Milwaukee Cheese Wis., Inc., 112 F.3d 845,

849 (7th Cir. 1997). By accounting for this lost value,

“[p]rejudgment interest restores a plaintiff to the

position she would have been in but for the violation.”

Frey v. Coleman, 903 F.3d 671, 682 (7th Cir. 2018).

And by eliminating what would be, in effect, an

interest-free loan to the defendant, prejudgment

interest avoids unjust enrichment and disincentivizes

5a

foot-dragging in litigation. Milwaukee Cheese, 112

F.3d at 849. Otherwise, “the longer the case lasts, the

more of the stakes the defendant keeps even if it loses

(and the less the victorious plaintiff receives)[.]” Id.

We have long held that prejudgment interest is

“presumptively available to victims of federal law

violations.” Thorncreek Apartments, 886 F.3d at 637

(quoting Gorenstein Enters. v. Quality Care-USA, Inc.,

874 F.2d 431, 436 (7th Cir. 1989)). But it is

compensatory, not punitive: “prejudgment interest is

not meant to penalize the party who caused the

injury.” Id.

Finally, prejudgment interest is measured “from

the time the claim accrues until judgment is entered,”

using the plaintiff’s damages at the time of accrual as

the principal. City of Milwaukee v. Cement Div., Nat.

Gypsum Co., 515 U.S. 189, 196 (1995) (citing West

Virginia v. United States, 479 U.S. 305, 310 n.2

(1987)). Prejudgment interest is not assessed on

future damages arising after the claim has already

accrued. Williamson v. Handy Button Mach. Co., 817

F.2d 1290, 1298 (7th Cir. 1987).

We generally review a district court’s decision of

whether to award prejudgment interest for abuse of

discretion. Frey, 903 F.3d at 675. But Defendants’ first

issue presented on appeal—whether prejudgment

interest is available as a matter of law for

noneconomic damages—presents a purely legal

question that we review de novo. FDIC v. Chi. Tit.

Ins., 12 F.4th 676, 682 (7th Cir. 2021). We turn to this

question first.

6a

A. Availability of Prejudgment Interest on

Noneconomic Damages

Defendants argue that the district court’s award of

prejudgment interest must be reversed because

Bolden’s damages for pain, suffering, and the loss of a

normal life are noneconomic. They contend that in

calculating Bolden’s damages, the jury made a rough

approximation of the intangible harms Bolden

suffered, unlike cases involving contractual or wagerelated disputes over specific and ascertainable sums.

And since this intangible and undefined emotional

harm could not have been “invested,” it makes no

sense to compensate him for its lost time value.

We held otherwise four decades ago. In Hillier v.

Southern Towing Co., an admiralty case, the plaintiff

sued a towing company for the accidental death of her

husband. 740 F.2d 583, 584 (7th Cir. 1984). After she

prevailed at trial, the district court awarded her

prejudgment interest only on her damages for past

loss of support and services, but not her damages for

future loss of support and services, or her intangible

damages for pain, suffering, and loss of society. Id. On

appeal, we held that while the decision to exclude

future harm was appropriate, the lower court had

erred in finding noneconomic harms ineligible for

prejudgment interest. Id. at 586.

This makes sense: the mere fact that noneconomic

damages are inherently subjective does not warrant

denying prejudgment interest on them. Defendants

argue that since they could not have known the

precise amount of Bolden’s damages until the moment

the verdict was rendered, they could not have

7a

“invest[ed] the funds while the litigation proceed[ed],

then use[d] the interest they receive[d] to satisfy the

obligation.” Milwaukee Cheese, 112 F.3d at 849. But

this argument would apply with equal force to many

economic damages as well, which may also be

uncertain and subject to dispute until later in the

litigation. And in any event, this only goes to one of

the traditional justifications for prejudgment interest

(avoiding unjust enrichment that might encourage the

defendant to delay) and not the other (fully

compensating the plaintiff’s losses). Id.

There is nothing special about noneconomic

damages exempting them from the principle that

money today is worth more to the plaintiff than money

tomorrow. The law presumes that Defendants’

liability to Bolden under Section 1983 accrued the

moment the State’s charges against him were

dismissed in April 2016. McDonough v. Smith, 588

U.S. 109, 120 (2019); see also Matter of Oil Spill by

Amoco Cadiz, 954 F.2d 1279, 1331 (7th Cir. 1992) (“By

committing a tort, the wrongdoer creates an

involuntary creditor. It may take time for the victim

to obtain an enforceable judgment, but once there is a

judgment the obligation is dated as of the time of the

injury.”). Had Defendants immediately satisfied their

obligation by handing Bolden a check as he stepped

out of prison, he would have benefitted from this

compensation sooner. The opportunity cost of interest

is only one component of the time value of money;

Bolden could have used these funds for “additional

current consumption—perhaps by eating better, or

driving a fancier car”—even if he could not prove he

otherwise would have invested them. Partington v.

8a

Broyhill Furniture Indus., Inc., 999 F.2d 269, 274 (7th

Cir. 1993).

Defendants insist that if Hillier’s holding cannot

be limited to the admiralty context, it must be

reconsidered as inconsistent with the fundamental

principles underlying prejudgment interest. We

disagree. As an initial matter, nothing about Hillier’s

holding as to damages depended on unique principles

of admiralty law. The Hillier court cited the admiralty

doctrine of restitutio in integrum, which “provides that

a plaintiff is to be placed in the position previously

enjoyed prior to the time he or she sustained

damages[.]” 740 F.2d at 585. But this is merely an

expression of the fundamental theory underlying all

compensatory damages.

Since Hillier, we have consistently applied this

remedial principle in awarding prejudgment interest

across the spectrum of federal-law violations. See, e.g.,

Thorncreek Apartments, 886 F.3d at 637–38 (Section

1983 equal-protection claim); Partington, 999 F.2d at

274 (age discrimination claim); Gorenstein Enters.,

874 F.2d at 436 (trademark claim). While these cases

did not involve purely noneconomic damages like

Bolden’s, the underlying principle—to make the

injured party whole—applies with equal force to

damages for pain and suffering.

Other circuits have reached this same conclusion

in awarding prejudgment interest on noneconomic

damages outside admiralty. The Ninth Circuit in

Barnard v. Theobald found a Section 1983 plaintiff’s

damages for “past pain and suffering and medical

expenses” to be “just as much an ‘actual loss’ (for

9a

which prejudgment interest is in order) as purely

economic damages.” 721 F.3d 1069, 1078 (9th Cir.

2013) (citation omitted). And the Fifth Circuit held in

Thomas v. Texas Department of Criminal Justice that

“[p]rejudgment interest should apply to all past

injuries, including past emotional injuries” such as

the plaintiff’s Title VII damages, since “[r]efusing to

[do so] ignores the time value of money and fails to

make the plaintiff whole.” 297 F.3d 361, 372 (5th Cir.

2002). These cases are consistent with Hillier, and we

see no reason to cabin Hillier to the admiralty context.

Perhaps recognizing the same, Defendants ask us

instead to overrule Hillier entirely on the grounds

that its reasoning does not withstand scrutiny. Even

if we agreed—which we do not—we see no “compelling

reasons,” such as a substantial shift in authority or

supervening statutory development, that would

warrant such a departure from our settled precedent.1

While our “outlier” status in a circuit split may sometimes

justify revisiting past decisions, Buchmeier v. United States, 581

F.3d 561, 566 (7th Cir. 2009), we are not convinced that any such

split exists here. Defendants contend that the Third, Fourth, and

Tenth Circuits have found prejudgment interest unavailable as

a matter of law for noneconomic damages. But the Third Circuit

noted this only in dicta, Poleto v. Consol. Rail Corp., 826 F.2d

1270, 1278 n.14 (3d Cir. 1987); the Fourth reached this

conclusion interest only in holding that the plaintiffs’ future

noneconomic damages could not be disaggregated from their past

damages, Gilliam v. Allen, 62 F.4th 829, 848–50 (4th Cir. 2023);

and the Tenth merely held that the district court did not abuse

its discretion in denying prejudgment interest, White v. Chafin,

862 F.3d 1065, 1069 (10th Cir. 2017). Meanwhile, the First,

Second, Sixth, and Eleventh Circuits have all held in the

admiralty context that prejudgment interest should be available

1

10a

United States v. Betts, 99 F.4th 1048, 1055 (7th Cir.

2024).

The district court did not err in holding that

Bolden could, as a matter of law, recoup prejudgment

interest on his noneconomic damages. We turn next to

the question of whether choosing to award him this

interest was an abuse of discretion.

B. Award of Prejudgment Interest

Our review of the district court’s prejudgment

interest award for abuse of discretion is deferential,

and we start from the baseline that “there is a

presumption in favor of granting [prejudgment]

interest” in cases alleging violations of federal law.

Frey, 903 F.3d at 682. Nevertheless, we have observed

that awarding prejudgment interest “might be

inappropriate” in some circumstances—for example, if

the plaintiff shifts risk to the defendant by waiting to

file suit, if the jury’s award already accounts for

interest, or if the amount of interest-eligible damages

for noneconomic harms, and (as noted) the Fifth and Ninth have

extended this holding beyond admiralty. See Nevor v.

Moneypenny Holdings, LLC, 842 F.3d 113, 125 (1st Cir. 2016);

Petition of City of New York, 332 F.2d 1006, 1008 (2d Cir. 1964);

Anderson v. Whittaker Corp., 894 F.2d 804, 807–10 (6th Cir.

1990); Deakle v. John E. Graham & Sons, 756 F.2d 821, 834 (11th

Cir. 1985); Thomas, 297 F.3d at 372; Barnard, 721 F.3d at 1078.

Even if there were an “established conflict among the circuits” on

this issue, “it is rarely prudent to move from one side of a conflict

to the other.” SEC v. EquityBuild, Inc., 101 F.4th 526, 535 (7th

Cir. 2024) (Easterbrook, J., concurring). We are in good company

in maintaining Hillier’s rule.

11a

is “not readily determinable.” Williamson, 817 F.2d at

1297–98.

Defendants advance three grounds for why the

district court abused its discretion in granting

prejudgment interest: (1) the jury’s verdict fully

compensated Bolden; (2) the court lacked any basis to

determine the portion of the verdict for which interest

could be awarded; and (3) the interest was an

improper penalty for delays outside their control. We

address each in turn.

1. Full Compensation

Defendants first argue that the jury’s $25 million

award accounted for the lost time value of Bolden’s

compensation—in essence, that prejudgment interest

was already “baked in” to the verdict. In Thorncreek

Apartments, we observed that “[w]hen a plaintiff

provides evidence of damages that includes interest,

the presumption [in favor of awarding interest] flips

and the judge will presume that the jury included the

interest in its award.” 886 F.3d at 637. To hold

otherwise would impermissibly penalize defendants

by allowing plaintiffs to recover twice over. Id.

But “the concept of prejudgment interest was at no

point mentioned to the jury” in this case. See

Gierlinger v. Gleason, 160 F.3d 858, 874 (2d Cir.

1998). Neither side’s counsel raised it, and the court

never instructed the jury on the concept of

prejudgment interest or how it should be calculated.

Lacking such evidence, Defendants point instead to

language in the jury instructions that Bolden should

be compensated for “any injury that you find he

12a

sustained and is reasonably certain to sustain in the

future” (emphasis added), as well as statements by

Bolden’s counsel encouraging the jury to consider

Bolden’s losses “to this day.” While one could infer

from these general instructions and statements that

the jury adjusted for interest in deriving Bolden’s $25

million award, the district court did not abuse its

discretion in concluding otherwise.

Nor is the jury’s verdict so large that “only the

supposition that the jury has compensated plaintiff

for the time value of money can explain the result.”

Williamson, 817 F.2d at 1298. Plaintiff’s counsel

asked the jury to award Bolden $44 million in

compensatory damages; the jury awarded $25 million.

The district court reasonably exercised its discretion

in concluding, based on this outcome and the trial

record, that the jury’s award did not account for

prejudgment interest.

2. Ascertainability of Past and Future Damages

The disaggregation of past from future damages in

the jury’s verdict presents a more challenging issue.

Recall that prejudgment interest cannot be awarded

on damages for future harms—those not yet suffered

at the time the plaintiff’s claim accrues—since “the

time value of money is taken into account when these

[damages] are discounted to present value.” Id.;

Hillier, 740 F.2d at 586. The parties agree that only

Bolden’s past damages (those he suffered while in

prison) and not his future damages (those he suffered

after release) could serve as a basis for an interest

award.

13a

The best practice to avoid issues with post hoc

apportionment of past and future damages entirely, of

course, is to allow the jury itself to separate these

categories on a special verdict form. See, e.g., Poleto v.

Consol. Rail Corp., 826 F.2d 1270, 1277 (3d Cir. 1987).

But neither party raised this for the district court’s

attention in their jointly submitted verdict form at

trial.

Instead, the verdict in this case was a single $25

million lump sum awarded on a general verdict form.

The district court determined that interest on this

entire amount was proper after determining “from the

transcript at closing arguments” that “Bolden’s

counsel asked for compensation from the

incarceration” alone, and not “for the wait after

incarceration ended.” It is not clear whether this

statement is meant to indicate that the jury’s entire

award was for past damages, or simply that the jury

did not account for prejudgment interest in its award

(as already discussed). And based on the damages

testimony at trial, as well as the language of the jury

instructions, it seems possible that the jury intended

at least some portion of its award to compensate

Bolden not only for the 22 years he spent in prison,

but also his ongoing harms after his release in April

2016.

The district judge can hardly be faulted for failing

to address the issue of past versus future damages

more directly where Defendants focused so much of

their efforts post-trial on attempting to distinguish

Hillier and render all of Bolden’s noneconomic

damages categorically ineligible for prejudgment

interest. Still, Defendants also argued below—and

14a

again on appeal—that without any basis to determine

the portion of the award consisting of past damages,

the decision to grant interest on the whole sum was

improper.

We addressed a similar situation in Williamson v.

Handy Button Machine Co., an employment case in

which the plaintiff sought damages for backpay and

future earnings. In that case, too, “the jury returned a

verdict that d[id] not distinguish past and future

sources of loss.” 817 F.2d at 1298. The lower court had

declined to award any prejudgment interest at all on

separate grounds; we reversed, but observed that the

issue of apportionment would arise on remand. Id. at

1299. We rejected the notion that “unless the amount

of [past damages] is exactly determinable no interest

should be awarded.” Id. Indeed, “[n]o purpose would

be served by allowing the wrongdoer to keep the entire

time value of the money, just because the exact

amount is subject to fair dispute.” Id. Rather, we held

that the district court should do its best to ascertain

the portion of the verdict attributable to past damages

unless doing so would be “impossible or hopelessly

speculative.” Id. at 1298. We offered several potential

methods that the district court could use on remand

to apportion the award, based on the plaintiff’s

backpay estimates and other evidence from the trial

record. Id.; see also Hutchison v. Amateur Elec.

Supply, Inc., 42 F.3d 1037, 1047 (7th Cir. 1994)

(holding in another backpay case that district courts

may not deny prejudgment interest solely because of

“calculational ambiguities” as to the precise amount

owed).

The question here is closer than in Williamson and

15a

Hutchison: unlike the backpay damages assessed in

those cases, Bolden’s damages are noneconomic, and

he offered no precise calculations of his past versus

future losses to the jury. In Daniels v. Pipefitters’

Association Local Union No. 597, we held that

prejudgment interest was appropriately denied where

“the district judge ha[d] no means to parse the

elements of the general verdict” whatsoever. 945 F.2d

906, 925 (7th Cir. 1991). Similarly, in Gilliam v. Allen,

another wrongful conviction case brought under

Section 1983, the Fourth Circuit reversed an award of

$36 million in prejudgment interest on multiple

grounds, including that any interest calculation on

the lump-sum jury verdict “could only be the product

of speculation” without any concrete breakdown of

past versus future damages available from the

record.2 62 F.4th 829, 849–50 (4th Cir. 2023).

But we do not think that the record in this case is

so sparse that apportionment is impossible. The

emphasis at trial was clearly on Bolden’s damages

from his imprisonment rather than his post-release

damages. Cf. Daniels, 945 F.2d at 925 (affirming

denial of interest where the jury “may well have

rested the lion’s share of its award on [future

damages]”). And there is at least some evidence that

could support apportionment: at trial, Bolden’s

counsel had asked the jury to use $44 million as a

We note, however, that the Gilliam court reached this

conclusion only after finding that prejudgment interest was

already improper since the jury’s award fully accounted for the

time value of money. 62 F.4th at 848–49. The interest award in

that case—$36 million—also vastly exceeded the one at issue

here.

2

16a

starting point for their damages, calculated as $2

million for each of his years of imprisonment. Defense

counsel similarly commented that Bolden was seeking

“1 to 2 million a year,” and that he had “22 million

reasons to lie to you. He wants $22 million.”

One approach, therefore, could have been to

apportion the $25 million award into $22 million for

past damages and $3 million for future damages.

Bolden concedes on appeal that “[t]his, too, would

have been a reasonable exercise of the court’s

discretion.”

We do not decide this question, however, as it is

the district judge’s prerogative based on his

familiarity with the trial record. Rather, we remand

for the district court to recalculate the prejudgment

interest “on a prorated portion” of the jury’s verdict

after determining the percentage attributable to past

damages. Barnard, 721 F.3d at 1078. In doing so, the

district court may use any “reasonable method” of

calculation based on a review of the record as a whole.

Hutchison, 42 F.3d at 1048.

3. Improper Penalty

Defendants also argue that the district court’s

prejudgment interest award functioned as an

improper penalty. They point out that the nearly twoyear delay in trying the case arose through

circumstances outside their control, namely the case’s

reassignment and the COVID-19 pandemic. But

delays “attributable to the judicial branch … [whose]

effect is neutral between the parties” do not warrant

denying prejudgment interest. Milwaukee Cheese, 112

17a

F.3d at 849. A purposeful delay by the party seeking

the interest, which “injures the other side by forcing it

to act as an uncompensated trustee or investment

manager,” might—but that is not the situation we are

presented with here. Id. Bolden filed his claims well

within the statute of limitations, and the delays

cannot be laid at his feet either.

The district court also noted Defendants’

settlement conduct in explaining its award of

prejudgment interest, observing that they “could have

avoided trial altogether by settling the case” and that

“[b]y the look of things, Defendants did not put serious

money on the table.” It is true that prejudgment

interest is not meant to penalize parties for “bad-faith

conduct,” including refusal to engage in settlement

talks. City of Milwaukee, 515 U.S. at 197. But the

district court expressly recognized this constraint,

stating that Defendants “had no obligation to settle”

and that it “d[id] not fault Defendants for rolling the

dice, and taking their chances.” The district court’s

remark that it would “require Defendants to

internalize the costs of their own decision-making” is

not a statement of blame, but merely a recognition of

reality: any defendant who chooses to litigate out a

case rather than settle runs the risk of paying

additional prejudgment interest down the line if they

ultimately lose. The district court’s acknowledgment

of this fact was not an abuse of discretion.

Finally, Defendants contend that the decision to

award monthly compounding interest was an abuse of

discretion. But the method of calculating interest

rests within the sound discretion of the district court,

Hutchison, 42 F.3d at 1047, and Defendants have

18a

pointed to no authority suggesting this choice was

unreasonable.

III. Conclusion

We REVERSE IN PART the district court’s order

to the extent it did not apportion past and future

damages in calculating prejudgment interest on the

jury’s verdict, and REMAND for further proceedings

on that issue consistent with this opinion. In all other

respects, the judgment of the district court is

AFFIRMED.3

We need not reach the question of whether Bolden was not

entitled to prejudgment interest on his supplemental state-law

claims: the district court held after reviewing the trial record

that it was “awarding prejudgment interest under federal law,”

and we find no abuse of discretion in that result.

3

19a

APPENDIX B

UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

December 30, 2025

Before

MICHAEL B. BRENNAN, Chief Judge

JOSHUA P. KOLAR, Circuit Judge

NANCY L. MALDONADO, Circuit Judge

No. 24-1674

EDDIE L. BOLDEN,

Plaintiff-Appellee,

v.

Appeal from the United

States District Court for

the Northern District of

Illinois, Eastern

Division.

No. 1:17-cv-00417

ANGELO

PESAVENTO, et al.

Defendants-Appellants.

Steven C. Seeger,

Judge.

ORDER

Defendants-appellants filed a petition for

rehearing and for rehearing en banc on December 11,

20a

2025. No judge in regular active service has requested

a vote on the petition for rehearing en banc, and all

members of the original panel have voted to deny

panel rehearing. It is therefore ordered that the

petition for rehearing and for rehearing

en banc is DENIED.

21a

APPENDIX C

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT

OF ILLINOIS

EASTERN DIVISION

EDDIE L. BOLDEN,

) Case No. 17-cv-417

)

Plaintiff,

)

) Hon. Steven C.

) Seeger

v.

)

)

ANGELO PESAVENTO, et al., )

)

Defendants.

)

______________________________

ORDER

Plaintiff Eddie Bolden’s motion for prejudgment

interest (Dckt. No. 680) is hereby granted.

Bolden was incarcerated from 1994 until 2016 for

double murder, before the convictions were vacated.

He filed suit against four former Chicago Police

Department officers for his decades of incarceration.

The counts included four constitutional claims under

42 U.S.C. § 1983 and three claims under Illinois law.

22a

After a three-week trial, a jury returned a verdict

in favor of Bolden, and against the four officers, on all

seven counts. Trial took place in 2021. Bolden spent a

lot of time in prison, and then waited a long time for

his day in court.

The jury awarded Bolden substantial damages. It

awarded Bolden $25 million in compensatory

damages, and punitive damages of $100,000 (each)

against two of the former officers (Angelo Pesavento

and James Oliver).

After the trial, Bolden filed the motion at hand

under Rule 59(e). See Mtn., at 1 (Dckt. No. 680). He

requests an award of prejudgment interest in the

amount of $7,629,466.51. Id.

A district court enjoys discretion to grant a motion

for prejudgment interest under Rule 59(e). See Miller

v. Safeco Ins. Co. of Am., 683 F.3d 805, 814–15 (7th

Cir. 2012). “[W]hether and how to award prejudgment

interest . . . lies in the discretion of the district court,

although there is a presumption in favor of granting

such interest.” Frey v. Coleman, 903 F.3d 671, 682

(7th Cir. 2018) (citations omitted).

Prejudgment interest “restores a plaintiff to the

position she would have been in but for the violation.”

Id. It “is intended to compensate a plaintiff for delay

in receiving money it should have received much

earlier or should not have been required to spend in

the first place.” BRC Rubber & Plastics, Inc. v. Cont’l

Carbon Co., 981 F.3d 618, 634 (7th Cir. 2020).

23a

In other words, prejudgment interest accounts for

the time-value of money. See Matter of Oil Spill by

Amoco Cadiz Off Coast of France on Mar. 16, 1978,

954 F.2d 1279, 1331 (7th Cir. 1992) (“Money today is

not a full substitute for the same sum that should

have been paid years ago. Prejudgment interest

therefore is an ordinary part of any award under

federal law.”).

Prejudgment interest promotes a number of

important interests. It compensates the prevailing

party for the wait, and the time value of money.

Money tomorrow isn’t worth the same as money today.

Prejudgment interest also incentivizes parties to

settle. And it disincentivizes parties from dragging

their feet and delaying litigation. Otherwise, a

defendant could string things out, kick the can down

the road, and avoid the cost of the delay. It encourages

good behavior if everyone knows that the meter is

running.

“[P]rejudgment interest is presumptively available

to victims of federal law violations.” McRoberts

Software, Inc. v. Media 100, Inc., 329 F.3d 557, 572

(7th Cir. 2003) (quoting Gorenstein Enterprises, Inc. v.

Quality Care-U.S.A., Inc., 874 F.2d 431, 436 (7th Cir.

1989)). Courts have awarded prejudgment interest in

section 1983 cases. See, e.g., Thorncreek Apartments

III, LLC v. Mick, 886 F.3d 626, 637 (7th Cir. 2018)

(concluding that the district court did not err in

awarding prejudgment interest in a section 1983

action); Tate v. Troutman, 683 F. Supp. 2d 897, 913

(E.D. Wis. 2010), aff’d sub nom. Tate v. Riegert, 380 F.

App’x 550 (7th Cir. 2010) (awarding prejudgment

interest on a section 1983 claim); Cavada v. City of

24a

Chicago, 2014 WL 4124273, at *6 (N.D. Ill. 2014)

(same).

The Seventh Circuit has held that a district court,

in its discretion, may award prejudgment interest for

noneconomic harms. See Hillier v. S. Towing Co., 740

F.2d 583, 586 (7th Cir. 1984) (“The district court erred

its determination that ‘the law does not allow for

prejudgment interest for intangible damages (pain

and suffering and loss of society).’”) (cleaned up); see

also White v. Fincantieri Bay Shipbuilding Co. Inc.,

2022 WL 294209, at *4 (E.D. Wis. 2022) (recognizing

that “prejudgment interest may as a matter of law be

awarded on all of the past damages the jury awarded,

including pain and suffering . . .”). However, courts are

not required to award prejudgment interest for

noneconomic harms. See Valencia v. City of

Springfield, 2023 WL 8827687, at *17 (C.D. Ill. 2023);

see also DeMauro v. Loren-Maltese, 2007 WL 9821268,

at *3 (N.D. Ill. 2007).

There is no apparent reason why noneconomic

harms should be categorically treated like secondclass injuries when it comes to prejudgment interest.

If anything, noneconomic harms might be worse.

They’re more personal. Waiting for a recovery for

human suffering is a harm unto itself. It is hard to see

why some types of waiting are less worthy of

compensation.

Imagine a car accident on the streets of Chicago,

where a reckless driver smacks into another car, and

then nails a pedestrian. Imagine if the other driver got

their Tesla all smashed up. And imagine if the

pedestrian broke some bones, and needed extensive

25a

physical therapy. And then, imagine if lawsuits

followed, and the reckless driver lost.

Why treat the two plaintiffs differently? If the

other driver receives compensation for the delay, why

shouldn’t the pedestrian, too? Both of them suffered

an injury. Both of them had to wait for what they were

entitled to receive. And both of them deserve

compensation for their wait.

This Court sees no reason to depart from the usual

practice of awarding prejudgment interest. Bolden

regained his freedom in 2016, and promptly filed suit

in 2017. Bolden did not string things out, or sit on his

hands. He pressed forward. Meanwhile, the delay of

litigation imposed a cost.

It took a while for the case to get to trial, but the

fault did not rest on Bolden’s shoulders.

True, Defendants are not entirely to blame for the

delay, either. The case was set for trial in early

November 2019, but the case was reassigned to this

Court upon taking the bench in mid-September 2019.

The case was one of 342 new cases on this Court’s

overflowing plate. Trial in November 2019 was

impracticable, so the Court had little choice but to

move it.

And then, the pandemic struck. The reassignment

of the case, plus the pandemic, meant that the trial

took place in October 2021 instead of November 2019.

Meanwhile, Bolden waited.

26a

Defendants aren’t to blame for that delay. Even so,

they could have avoided trial altogether by settling

the case. By the look of things, Defendants did not put

serious money on the table.

To be clear, Defendants had no obligation to settle.

This Court does not fault Defendants for rolling the

dice, and taking their chances. They had a right to

fight the case. But one of the risks of rolling the dice

is the possibility of losing, and a loss typically comes

with prejudgment interest.

Defendants rolled the dice, and the jury rang them

up with a verdict of $25 million. This Court will

require Defendants to internalize the costs of their

own decision-making. They decided to take their

chances, and things went south. And now the bill has

come due.

Defendants argue that an award of prejudgment

interest would “override the will of the jury,” and that

“the jury’s award fully compensates” Bolden for his

loss. See Defs.’ Resp., at 1 (Dckt. No. 694). Not so. The

jury compensated Bolden for his incarceration. The

jury did not compensate Bolden for the time value of

the money since then.

In effect, the jury awarded damages for the 22

years that Bolden spent in prison, which ended on

April 19, 2016. The jury did not compensate Bolden

for the time value of the money after April 19, 2016.

Defendants point to the jury instructions. Id. at 7.

But this Court did not instruct the jury to award

compensation for the time value of money since his

27a

release from prison. After all, awarding prejudgment

interest (or not) is the Court’s job, not the jury’s job.

This Court took a look at the transcript from

closing arguments. As this Court reads it, Bolden’s

counsel asked for compensation for the incarceration.

Counsel did not request compensation for the wait

after incarceration ended.

The Court also agrees with Bolden’s calculation,

too. The claim accrued when the state dismissed the

charges against him on April 19, 2016. This Court

took a close look at the calculation, and adopts the

proposed number.

The Seventh Circuit “practice has been to use the

prime rate as the benchmark for prejudgment interest

unless either there is a statutorily defined rate or the

district court engages in ‘refined rate-setting’ directed

at determining a more accurate market rate for

interest. . . . [T]o set aside this practice and award

something other than the prime rate is an abuse of

discretion, unless the district court engages in such a

refined calculation.” First Nat. Bank of Chicago v.

Standard Bank & Tr., 172 F.3d 472, 480 (7th Cir.

1999); see also Frey, 903 F.3d at 682.

“As a general rule, the decision whether to award

compound or simple prejudgment interest is left to the

discretion of the trial court.” Am. Nat. Fire Ins. Co. ex

rel. Tabacalera Contreras Cigar Co. v. Yellow Freight

Sys., Inc., 325 F.3d 924, 937 (7th Cir. 2003). However,

“compound prejudgment interest is the norm in

federal litigation.” Id. at 937–38 (citations omitted).

This Court will go with the norm.

28a

As an alternative to prejudgment interest under

federal law, Bolden requests that this Court award

prejudgment interest under Illinois law. There is no

need to get into that issue, because this Court is

awarding prejudgment interest under federal law.

At bottom, the case is largely about time. Bolden

lost time as a free man, in the prime years of his life.

Bolden spent time in prison – decades of time – for

convictions that didn’t hold up. Bolden waited a long

time to get his liberty. And he spent more time waiting

for justice.

At long last, the wait is over. The time has come.

The compensation has arrived.

For these reasons, the Court grants Bolden’s

motion for prejudgment interest. The Court hereby

awards prejudgment interest totaling $7,629,466.51.

That amount reflects prejudgment interest running

through September 30, 2022, when this Court entered

final judgment. See Final Judgment Order (Dckt. No.

675). At that point, the prejudgment interest meter

stopped running.

Date: April 2, 2024

/s/ Steven C. Seeger

Steven C. Seeger

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.