Jailed man sues Madison County Sheriff's Department

Andrea Dearden May 12, 2011, 10:32am

A Madison County man is suing the Sheriff's Department and one of its officers, claiming he was treated poorly after being arrested for a crime he says he didn't commit.

The lawsuit was filed April 27 in Madison County Circuit Court against the Madison County Sheriff's Department and its officer, Brian Koberna. The plaintiff is identified only as John Doe in the complaint.

According to the complaint, John Doe was arrested by Koberna on Feb. 12 and accused of sexually assaulting his great grandmother. The man says he was handcuffed and transported to the Madison County Sheriff's Department where he was allegedly interrogated and then jailed.

Doe says he was placed in a jail cell, stripped of his clothing and not allowed to contact family or friends. He says he was held without bond. Doe contends Koberna had no probable cause to arrest him on the sexual assault charge.

Two days after his arrest, Doe says he was released from jail without any explanation.

Doe accuses the Madison County Sheriff's Department and commissioned officer Koberna of false imprisonment and battery. He contends he was handcuffed and touched in "an insulting manner" by Koberna and jail staff. Doe also says he was arrested and incarcerated without any reasonable evidence that he had violated any law.

Doe says he suffered mental anguish as a result of the events and is asking for more than $100,000 in damages from both defendants.

Attorney Brian L. Polinske of Edwardsville is representing John Doe.

Madison County Circuit Court Case No. 11-L-401.

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