CHICAGO (AP) — An imprisoned former Chicago police commander accused of overseeing the torture of suspects will keep his $3,000-a-month pension following a ruling by the Illinois Supreme Court.

Justices ruled 4-3 Thursday that Illinois Attorney General Lisa Madigan cannot challenge a police pension board vote preserving former police lieutenant Jon Burge’s pension payments. Madigan sued after the board let Burge keep his pension.

Burge is in federal prison, convicted of perjury in connection with testimony he gave in a civil case involving torture allegations. Madigan says given his conviction, he shouldn’t get the pension.

The torture scandal, perpetrated by some Chicago officers mainly against black suspects for crimes they did not commit, has dogged the city for more than two decades and has cost it more than $80 million.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.