Hylla
The defendants in a case over alleged police beating of an Alton man are asking that the case be dismissed.
The City of Alton and four of its police officers have filed a motion to dismiss plaintiff Cedric Phillips' battery suit for want of prosecution.
Madison County Circuit Judge David Hylla is set to hear the motion at 9:30 a.m. Nov. 20.
According to the complaint, Phillips alleges he was battered on two separate occasions in May. Phillips alleges that on May 17, near Emerald Avenue, officers Marcos Pulido, Jeremiah Dressler, Joel Bromaghim and Sgt. Daniel Rauschkolb beat him with their fists and flashlights, threw him to the ground, sprayed him in the face with mace or pepper spray and shocked him with an "electroshock-type of weapon, all without provocation."
Phillips is seeking damages from the officers, the police department and City of Alton in excess of $50,000 and further relief.
In its June 23 motion to dismiss the case, the defendants argue that the plaintiff has failed to make an appearance in the case since he failed to come to a Sept. 30 case management conference.
Phillips' attorney, Charles Chapman, withdrew from the case July 31.
No one else has entered an appearance for Phillips since then.
"Plaintiff appears to have no interest in pursuing this lawsuit," the defense motion reads.
The defendants are represented by Christine McClimans.
The case is Madison case number 09-L-453.