Judge denies Centreville's motion to dismiss suit against city and alderwoman over eviction
Amelia Flood Jun. 9, 2010, 10:00am
A St. Clair County judge has denied a move by the city of Centreville to have a suit against it and Alderwoman Donna Myers dismissed.
St. Clair County Circuit Judge Patrick Young denied the motion to dismiss May 5.
The city and Myers were also given 28 days to respond to plaintiff Tamika Morris' first amended complaint.
Morris is suing Myers and the city on her own behalf and that of her minor children.
Morris contends that Myers wrongfully evicted her family from the Centreville home that Morris rented from the alderwoman.
The suit seeks damages in excess of $2 million and other relief.
The suit also contends that Myers abused her position to have the Centreville Police Department arrest Morris.
Morris was arrested July 14, 2008 on property damages charges.
The plaintiff alleges the arrest took place on the same day she appeared in St. Clair County court to challenge her family's eviction.
Morris claims that later, when she inquired about the prosecution on the alleged charges, she was informed by court personnel that she was not being prosecuted for anything.
Morris claims that Myers and Centreville conspired to deprive her and her three children of their constitutional rights among other claims.
The defendants had asked Young to throw out Morris' suit contending in large part that Myers was not acting in any official capacity in the dispute.
Myers had also argued in the motion to dismiss that the plaintiff did not plead sufficient facts in her complaints.
The plaintiff is represented by Stephen McGlynn.
Carmen Durso represents the defendants.
The case is St. Clair case number 09-L-132.