Plaintiff files response to city's motion for protective order

By Christina Stueve | Jun 20, 2012


Plaintiff Richard Hennemann filed a response to defendant Granite City Police Department's motion for a protective order.

The police department had requested a protective order, limiting dissemination of officers' personnel files to anyone other than a party, witness or consultant pending litigation against it.

Hennemann alleges that while he was waiting in the booking area of the Granite City Police Department on May 5, 2010, at least three police officers attacked him.

His suit names the city, and city officers Raymond Takmajian, Dean Bastilla and Gene Wilkinson.

Henneman's June 15 response to the city's request for a protective order says there must be some demonstration that a protective order is warranted.

The defendant officers' personnel files are public records and are subject to Freedom of Information Act requests, Hennemann says. Any investigative materials, citizen complaints, or disciplinary materials are also public record, since they relate to the performance of the officers' public duties, his response says.

According to the city's motion filed on June 11, a protective order is appropriate, because of the sensitive nature of the city's personnel files.

"Distribution of this material will potentially embarrass the City or the defendant officers," it states. "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."

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, his complaint says.

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.

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

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