Former Chicago Mayor Richard Daley is refusing to answer questions about the Jon Burge torture scandal. Attorneys for Burge torture victim Michael Tillman subpoenaed Daley and wanted to question him this week, but that’s not going to happen.

Tillman is suing the now-imprisoned Burge as well as other officers and Daley. Tillman says Daley was part of the torture conspiracy because as the top prosecutor for Cook County and then later as mayor, Daley failed to investigate the scandal even as police torture became increasingly accepted as fact.

City-paid attorneys representing Daley are asking the judge to dismiss the former Mayor as a defendant in the case. A spokeswoman for the city’s law department says until that issue is resolved, Daley will not answer questions under oath.

Tillman’s attorney Flint Taylor says the city should not be wasting taxpayer dollars trying to obstruct the deposition. He says Daley needs to answer questions about the scandal.