O'Malley to hear motion to dismiss in East St. Louis misidentified body case

A nearly year-old motion to dismiss a case brought against the City of East St. Louis and one of its police officers over a misidentified murder victim is set to be heard Monday.

The defendants filed the motion in March 2009 but a hearing on the matter has been delayed as plaintiff Kathleen Beecher-Miller has looked for a new attorney.

Beecher-Miller's former attorney, Gary Mack, withdrew from the case in September of last year.

Beecher-Miller is suing East St. Louis and Detective Michael Floore for allegedly failing to follow proper police procedure when her son's body was misidentified and released to the wrong family.

According to her suit, Beecher-Miller's son, Kenny Stainbeck, was murdered. After his body was wrongly identified, it was released to the wrong relatives.

After the mistake was discovered, his body was exhumed and reburied under the correct name.

His mother claims to have suffered severe emotional distress and other damages.

Her suit seeks a judgement in excess of $100,000.

In their motion to dismiss, the defendants argue that the city and Floore are not liable under the Local Governmental and Governmental Employees Act and that the plaintiff's allegations don't meet the standard of harm needed to make them liable.

The motion to dismiss will be heard March 1, no time specified, according to a Feb. 1 order signed by St. Clair County Circuit Judge Lloyd Cueto.

St. Clair County Circuit Judge Michael O'Malley is assigned to the case.

The defendants are represented by Untress Quinn.

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