Security guard's malicious prosecution case against Madison up for trial Monday

Amelia Flood May 1, 2009, 6:00am

A battery lawsuit brought against two police officers and the city of Madison is set for trial Monday.

The 2006 suit stems from an incident involving the arrest of a prostitute which later resulted in the arrest of the security guard who initially called for police. One defendant has already been granted a summary judgement.

Plaintiff Stephen Rose of St. Charles County, Mo., sued Madison police officers Neal Mize and Curtis Bradley along with the city for 12 counts of battery, wrongful imprisonment, malicious prosecution and defamation.

Bradley was granted a summary judgement in April, finding for him on the counts he was directed charged with.

Rose is suing Mize and the city for defamation and malicious prosecution.

Rose's suit alleges that on June 6, 2006, while working as a security guard, Rose encountered a woman engaged in prostitution and a man in possession of crack cocaine at the truck stop he was working at.

Rose called the Madison Police Department and, after talking with a police dispatcher, placed a red light on the top of his car to aid officers arriving on scene. The complaint goes on to say that Rose was then arrested by Mize and Bradley on felony charges including unlawful use of weapons, unlawful use of the red light, and impersonating a police officer.

After posting bond two days later, Rose lost his job. All felony charges were dropped and Rose was not charged with impersonating a police officer.

Rose argues that the officers acted inappropriately and that he suffered mental anguish, pain and loss of reputation due to the arrest. He also contends that the arrest has deprived him of the ability to seek similar employment, according to the complaint.
Rose is asking for at least $50,000 and other relief in each of the counts.

In its answer, Madison rejected all of the plaintiff's claims except those related to the occurrences of the incident and that the officers were city employees.

The defense answer states that "no willful or wanton conduct occurred," on the part of its officers. It offered an affirmative defense, stating that the officers acted in good faith and that their actions were protected from the plaintiff's suit by laws like the Illinois Local Government and Governmental Employees Tort Act.

Rose is represented by Brian L. Polinske of the Edwardsville firm Polinske and Associates. The city and officers are represented by city attorney Russell F. Watters of the St. Louis-based Brown and James P.C.

Madison Circuit Judge Barbara Crowder will preside.

The case is Madison case number 06-L-733.

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