A suit against East St. Louis and one of its police officers over a murder victim's allegedly misidentified body is over.
St. Clair County Circuit Judge Michael O'Malley dismissed a suit brought by the dead man's mother when she failed to appear in court March 1.
East St. Louis had filed a motion to dismiss the case in March 2009. O'Malley declined to hear arguments in the matter given plaintiff Katherine Beecher-Miller's absence at the March 1 hearing.
The hearing on the motion to dismiss had been delayed several times.
Beecher-Miller sued the city last year alleging that Detective Michael Floore failed to follow proper police procedures when her son's body was misidentified and released the body to the wrong family.
According to her suit, after Kenny Stainbeck, the plaintiff's son, was killed, his body was released under the wrong name and buried.
After the mistake came to light, the body was exhumed and reburied under the correct name.
Beecher-Miller claimed to have suffered from extreme emotional distress and to have suffered other damages.
The suit sought damages in excess of $100,000.
Arguments on the motion were put off several times as Beecher-Miller's attorney, Gary Mack, withdrew and Beecher-Miller failed to find new representation.
O'Malley dismissed Beecher-Miller's suit without prejudice for lack of prosecution.
The defendants were represented in the case by Untress Quinn.
The case is St. Clair case number 09-L-081.