Alton attorney John Hopkins has filed a third amended complaint in a lawsuit against the Village of Caseyville and its former police chief who died June 13 of a self-inflicted gunshot wound.
Caseyville police officer Scott Miller sued police chief J.D. Roth and the Village on defamation claims. Miller alleges Roth accused him of being a “leak” of information to citizen activist Brad Van Hoose regarding the operations of the Caseyville Police Department.
At the time of his death, Roth had been facing official misconduct charges.
Hopkins amended the suit July 2 to add Roth's estate as defendant.
“The decedent had a duty to refrain from intentionally disclosing false information regarding the plaintiff, throughout the community of Caseyville,” the third amended complaint states.
“The decedent’s intentional and malicious act proximately caused the plaintiff to suffer great emotional distress and embarrassment and loss of reputation in his community."
Belleville attorney Matthew Young filed a motion to dismiss on June 25, stating the plaintiff’s cause of action for slander does not survive the death of defendant J.D. Roth.
“Therefore, plaintiff’s complaint should be dismissed with prejudice,” Young wrote.
Hopkins argued in a motion for leave to amend the complaint on June 28, that the parties believe a will was executed by defendant J.D. Roth prior to his death, and that “said will shall be admitted to probate in the very near future.”
Represented by Belleville attorney Alvin C. Paulson, the Village says it is immune from liability and should be dismissed.
St. Clair County Circuit Court Case No. 13-L-168