Case against Madison County Sheriff's office, others goes to Chapman; pre-trial set for May

Amelia Flood Apr. 20, 2011, 9:22am


A Godfrey man's suit against Madison County Sheriff Robert Hertz and his department has a new judge to oversee its May pre-trial.

Madison County Associate Judge Thomas Chapman has been assigned to the suit according to an April 7 order signed by Madison County Circuit Judge David Hylla.

The reassignment comes due to "conflicts with other scheduled trials and hearing dates," according to Hylla's order.

The pre-trial in the suit brought by plaintiff Jeffrey Owen will take place May 6 at 1:30 p.m.

The suit's trial is set for May 16 at 9 a.m. with Chapman also at the helm.

Owen is suing Hertz, unknown Madison County sheriff's deputies, Richard Roe, Timothy Mudd, and a John Doe for damages in excess of $300,000 and costs.

According to his suit, after receiving a call from Deputy Jeremy Dunham asking him to go to a relative's home due to a domestic dispute, he returned to his own home with a minor relative on Oct. 19, 2008.

After returning home, he claims members of the sheriffs department arrived and asked to take custody of the child.

Owen claims he contacted his attorney to make sure it was the proper thing to do.

When he went to call his lawyer, he claims Mudd forced his way into his home without a warrant, grabbed him and handcuffed him.

Owen alleges Mudd kicked him and that Mudd and the other defendants in the case violated his constitutional rights.

The defendants deny the allegations.

Jarrod Beasley represents Owen.

John Gilbert represents the defendants.

The case is Madison case number 09-L-522.

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