Eugene Bollefer and Todd Van Voorhis filed a malicious prosecution complaint against Charles Creekmore of Godfrey in Madison County Circuit Court Oct. 16.
According to the complaint, Bollefer was arrested by the Madison County Sheriff's Department on March 4, 2005, for criminal trespass to Creekmore's property at 1301 Beanehaven Drive and Van Voorhis was arrested on May 5, 2005, for the same offense.
Bollefer claims Creekmore had no probable cause to believe that he had trespassed, and in fact knew that he was the president of the subdivision association and had a license and permission to deliver notices.
The plaintiffs claim Creekmore's sworn complaint was false, untrue and was motivated by Creekmore's malice against his neighbor.
In April, the Madison County State's Attorney dismissed the criminal trespass charges against both plaintiffs.
Bollefer and Van Voorhis claim they have suffered damages, including attorney's fees for their defense, losses for numerous court appearances prior to the dismissal and embarrassment and humiliation due to being arrested and handcuffed.
Represented by Alton attorney Bob Larson, plaintiffs are each seeking damages in excess of $50,000, plus costs of the suit.
06 L 934