Man says cops were assisted by ex-wife in unlawful arrestKelly HolleranSep. 4, 2009 @ 6:49am
A Collinsville man has filed suit against two Maryville police officers, the Maryville police chief and mayor and the city of Maryville, alleging the defendants assisted the man's ex-wife in an unlawful arrest.
Gary Lutman alleges his ex-wife, Sherry Lutman, filed two misdemeanor complaints in Madison County Circuit Court on May 2 and on May 26, 2006.
In the complaints, Sherry Lutman complained of an alleged trespass at a business called Sharky's that Gary Lutman owned along with Sherry Lutman, according to the complaint filed Aug. 31 in Madison County Circuit Court.
"Acting without jurisdiction or authority of legal sufficiency defendant Thomas Kanzler and Mike Radosevich acting under the purported authority of Chief Richard Scharden and Mayor Larry Gulledge arrested Gary Lutman and caused him to be incarcerated in jail prior to his making bond," the suit states.
Gary Lutman claims his arrest was made without probable cause.
"Defendants acted in conjunction with and seeking to aid Sherry Lutman purporting to act under color of law despite the lack of any jurisdiction to cause such arrest which was made under the purported said allegations which were apparently and obviously insufficient to support any allegations under the language of the Illinois law … relative to criminal trespass," the complaint says.
Because of Sherry Lutman's charges against him and because he feared another arrest, Gary Lutman was forced to move out of his apartment, which was located in the same building as Sharky's.
Finally, on Aug. 31, 2007, Sherry Lutman's trespass charges against Gary Lutman were dismissed after the court found they lacked sufficiency to establish criminal charges, according to the complaint.
Still, Gary Lutman says he has been severely financially damaged because he was not allowed to enter his business and suffered a loss of reputation and standing in his community, the suit states.
In the five-count suit, Gary Lutman is seeking a judgment of more than $250,000, plus costs.
He will be represented by John W. Leskara of Collinsville.
Madison County Circuit Court case number: 09-L-910.