Plaintiff denies all allegations in police officer’s affirmative defenses

The Granite City Police Department and one of its officers have filed a motion to amend their answer to a lawsuit accusing them of negligence.

According to the motion filed on Sep. 16, Officer Eric Klumpp made a request for leave to amend the answer in order to add affirmative defenses after new evidence developed during discovery.

Plaintiff Shannon Walsh Jr. filed a reply to Klumpp’s original affirmative defenses on Sep. 16 in which he denied each and every affirmative defense.

Walsh filed the suit in January in Madison County Circuit Court after his father, Shannon Walsh Sr., died in custody following a traffic stop.

The suit asserts Klumpp failed to get medical attention for the elder Walsh, who suffered a cardiac arrhythmia, stopped breathing and talking and was unable to sit or walk while in the back of the patrol car.

It goes on to allege that Klumpp pulled Walsh Sr. from his car, dragged him by his arms into the police station and left him on the floor rather than immediately addressing his medical needs.

Walsh Sr. was allegedly on the floor for about six minutes before paramedics were called to transport him to Gateway Regional Medical Center. He lost all neurological function because of the lack of oxygen and was removed from life support on Christmas Eve 2012, the suit states.

Klumpp and the City of Granite City have denied negligence and claim immunity per state statute.

Attorney Jane Unsell, who represents Klumpp, previously requested documents related to Walsh’s yearly physical examinations and medical records and any and all documents related to his wages, hours, performance, complaints, commendations, training, nature of employment, attendance records and workers’ compensation claims for a case management conference on Aug. 21.

Madison County Circuit Judge Dennis Ruth scheduled a motion hearing for 9 a.m. Oct. 4.  He previously ordered Klumpp to be present for deposition by Oct. 31 and continued a case management conference for Dec. 18.

Granite City attorney Ronald A. Roth represents the city and Alton attorney Lanny Darr represents Walsh.

Madison County Circuit Court case number 13-L-70