Motion to dismiss wrongful burial suit to be heard by O'Malley

By Amelia Flood | Jul 14, 2009

The City of East St. Louis and one of its detectives sued over the burial of a misidentified murder victim are asking the court to dismiss the suit.

St. Clair County Circuit Judge Michael O'Malley will hear the motion July 16 at 10:30 a.m.

Plaintiff Kathleen Beecher-Miller sued East St. Louis and Detective Michael Floore for allegedly misidentifying the body of her son, Kenny Thomas Stainback, and burying it under the wrong name.

According to her Feb. 13 complaint, Stainback was the victim of a homicide. The police misidentified the body, informed the wrong family of his death, and that family held burial and funeral services.

Once the mistake was uncovered, the body had to be exhumed and reburied under the correct name, the suit states.

Miller claims that Floore and the city failed to follow proper procedure in order to avoid the mistake.

The plaintiff is seeking damages of at least $100,000 and costs. She claims the incident caused her severe emotional distress, caused her to incur medical expenses, caused pain and mental anguish.

O'Malley ordered the July 16 hearing over the defendants' objections.

Miller is represented by Gary Mack of Belleville.

East St. Louis and Floore are represented by Untress Quinn of Belleville.

The case is St. Clair case number 09-L-081.

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