Christina Stueve Hodges Jul. 25, 2013, 7:42am

A hearing is scheduled July 30 in a lawsuit against the Village of Caseyville and the estate of its former police chief who died June 13 of a self-inflicted gunshot wound.

Alton attorney John Hopkins filed a third amended complaint in the lawsuit on July 2.

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.

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. The July 30 hearing is based on that motion to dismiss.

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.”

The case is assigned to St. Clair County Circuit Judge Robert LeChien.

St. Clair County Circuit Court Case No. 13-L-168

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