Christina Stueve Hodges Apr. 22, 2013, 7:04am

A Madison County man has filed to dismiss a suit against the police officer he alleges attacked him with a rubber night stick after arresting him.

William Cauble claims defendant Granite City Police officer Karl Schultz visited his home on Jan. 5, 2011, regarding an abandoned vehicle parked outside the residence.

Cauble filed a voluntary dismissal without prejudice on April 12. The suit was originally filed in January in Madison County Circuit Court.

In his dismissal Cauble states that he "reserves the right to refile said causes of action as permitted by law."

Schultz allegedly accused Cauble of initiating a physical confrontation with his mother.

Cauble claims Schultz then knocked him to the floor, turned him on his stomach and handcuffed him.

After Cauble and Schultz arrived at the police station, Schultz ordered Cauble onto the trunk of the patrol car, the suit states.

Schultz removed the handcuffs and instructed Cauble to stand up and face him, the complaint says. Schultz allegedly struck Cauble in the face with a solid, black rubber stick. Cauble fell, and Schultz violently and without cause or provocation began kicking and beating Cauble with the rubber stick, the suit claims.

Cauble says he suffered cuts, bruises, contusions and swelling; suffered severe pain and discomfort; and endured emotional distress and mental anguish.

Cauble also names the Granite City Police Department a defendant, saying it is liable for the actions of its employee.

The City of Granite City filed a motion to dismiss Feb. 11, stating the plaintiff filed his lawsuit after the statute of limitations had expired.

Schultz filed a motion to dismiss Feb. 8, also stating the plaintiff filed his claim nearly one year after the statute of limitations applicable to his cause of action had expired.

Keith J. Schiller of The Law Office of Keith J. Schiller in St. Louis represents the plaintiff.

Jane Unsell of Unsell and Schattnik in Wood River represents Schultz.

Ronald Roth of Roth Law Offices in Granite City represents the City of Granite City.

Madison County Circuit Court case number: 13-L-14.

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