Unsell
Roth
The Granite City Police Department is requesting a protective order, limiting dissemination of officers' personnel files to anyone other than a party, witness or consultant in a lawsuit filed against it.
The city is being sued by Richard M. Hennemann, who claims he was waiting in the booking area of the Granite City Police Department on May 5, 2010, when at least three police officers attacked him.
According to Hennemann's complaint, officers "beat, kicked, punched and battered him." He is suing the city, and city officers Raymond Takmajian, Dean Bastilla and Gene Wilkinson.
According to the motion filed June 11, a protective order is appropriate, because of the sensitive nature of the city's personnel files on its defendant officers.
"Distribution of this material will potentially embarrass the City or the defendant officers. It has the potential to impede trial of this matter by creating bias in the jury pool. A protective order is appropriate in this case to ensure the city and other parties obtain a fair trial.
"Wherefore the City of Granite City respectfully requests that the Court enter a protective order, limiting the dissemination of the personnel files of the defendant officers to parties, witnesses or consultants."
Madison County Circuit Judge David Hylla on Jan. 20 ordered the Federal Bureau of Investigations to provide information to both parties in the lawsuit.
Hylla ordered the FBI to provide to the parties in the case an "un-redacted copy of the FBI file, generated as a result of a complaint filed by Plaintiff Hennemann on or about May 17, 2010, including all witness statements."
Hennemann allegedly sustained serious injuries and incurred medical costs. His every day performance was hindered, and he lost wages, the complaint says.
Hylla called the case based upon the defendants' motion to compel on Jan. 6.
Plaintiff's counsel said they had no records about the dates of medical treatment, but agreed to direct their client to execute medical authorizations to obtain records and bills for treatment at Memorial Hospital and St. Elizabeth's Hospital prior to the plaintiff's deposition.
In their defense, the city, Takmajian, Bastilla, Wilkinson and unknown Granite City police officers, claim Hennemann resisted arrest, attempted to escape and fought with officers, who acted in self-defense.
Hennemann seeks a judgment of more than $50,000.
He is represented by Thomas Lech and H. Carl Runge Jr. of Runge and Lech in Collinsville.
Jane Unsell from the firm Unsell & Schattnik in Wood River represents Raymond Takmajian, Dean Bastilla, Gene Wilkinson and unknown police officers
Ronald Roth and Roth Law Offices have replaced Dawn Kamadulski O'Leary as the lawyer for the City of Granite City.
Madison County Circuit Court case number: 11-L-428