Alton files to change motion to dismiss in tow fee class action against city

Christina Stueve Mar. 20, 2012, 5:00am


The City of Alton on Friday filed a motion for leave to amend a previously filed motion to dismiss in a Jerseyville man's class action lawsuit against the city.

Matthew Carter claims he was arrested June 26, 2011, and claims he was forced to pay a $500 administrative fee to Alton.

"The City of Alton requested that it be allowed leave to file an amended motion to dismiss, so the correct rule of civil procedure can be cited in the amended motion to dismiss and for such other and further relief as this court deems just and proper," it states.

Defense counsel spoke with plaintiff's attorney, Brian Polinske, about the proposed motion for leave to amend, according to the filing.

Polinske had no objection to the defendant's motion for leave to amend to correct the citation to the rule cited in defendant's motion to dismiss.

On Jan. 1, 2010, the City of Alton adopted an ordinance, requiring persons to pay the Alton Police Department an administration fee if their vehicle is towed and is impounded incidental to a custodial arrest for one of the offenses listed in the ordinance.

According to the original complaint, the tow release fees required by the city required minimal time and cost to the City of Alton, requiring Alton police department employees to write a receipt for payment of the required tow fee, which is more than the fees required by other defendant city ordinances.

Attorney Alvin Paulson of the firm Becker, Paulson, Hoerner & Thompson withdrew from the case as attorney for Alton, because "there is no insurance coverage in this matter."

He says he was told by the Illinois Municipal League to withdraw his appearance.

Madison County Judge Ann Callis on March 2 reassigned the case from Circuit Judge Dennis Ruth to Associate Judge Thomas Chapman.

James Schrempf is the attorney for Alton.

Madison Case number 11-L-1305.

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Organizations in this Story

City of Alton
101 E 3rd St
Alton, IL 62002

Alton Police Department
1700 E Broadway
Alton, IL 62002

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