Madison County Circuit Judge David Hylla on July 27 allowed a former Edwardsville police officer accused of taking a nude video of a woman at a local tanning salon 60 additional days to respond to the woman's lawsuit against him.
Defendant Michael Collins, who was criminally charged April 5 with three counts of unauthorized video recording by the Madison County Sheriff's Department, also faces a civil lawsuit by alleged victim Kimberli Moore.
Collins filed a motion June 21 for extension of time to respond to the lawsuit against him.
Moore sued on May 16 over an incident she claims took place on April 3 at the Edwardsville Crossing tanning salon.
Collins, 46, was a senior patrol officer at the Edwardsville Police Department when he resigned April 10. He was hired March 24, 1997, according to the City of Edwardsville Human Resources office.
Collins was served with the complaint May 25.
Moore also named tanning salon owner, JWKW Enterprises in the lawsuit, claiming it failed to construct its booths with walls that extended high enough to prevent the conduct at issue in the complaint.
Defendant JWKW Enterprises responded to Moore's complaint July 26, stating that the walls and design of JWKW's tanning booths are reasonable to protect the privacy of its clients.
JWKW also stated that "there existed at all times a duty incumbent on plaintiff to take reasonable precautions for her own privacy."
"Plaintiff bears the burden of proving that her damages were proximately caused by acts or omissions of JWKW, plaintiff's damages, if any, resulted from the sole fault of Plaintiff, defendant, Michael Collins."
Collins is being represented by Gordon Broom and Benjamin Powell of HeplerBroom in Edwardsville.
Thomas M. Crawford and Matthew J. Gardner of Litchfield Cavo in Chicago represents JWKW Enterprise, which does business as Image Sun Tanning Salon.
Moore is represented by William L. Wimmer of Wimmer, Stiehl and McCarthy in Belleville.
Madison County case number 12-L-686