Madison - St. Clair Record

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Nightclub patron’s lawsuit alleging police brutality removed to federal court

By Heather Isringhausen Gvillo | Jul 6, 2015


The Village of Washington Park and one of its officers removed a case to federal court that alleges a bar patron was tasered without probable cause following a dispute at Hollywood Club.

The defendants filed a notice of removal on June 8, removing the case to the U.S. District Court for the Southern District of Illinois.

They argue that removal is proper because the action “presents a federal question and arises under the laws and Constitution of the United States.”

Yancy Carden filed a lawsuit on May 7 against James Boyd, the Village of Washington Park, John Doe No. 1 and John Doe No. 2.

According to the complaint filed April 11, Carden claims he and his wife Kelli were patrons at the Hollywood Club in Washington Park and were presented with a tab exceeding $200.

They claim they requested an itemized bill when the bartender called the police department. Carden alleges Boyd and other officers arrested, handcuffed, repeatedly tasered and harassed him during transport to the police station and the St. Clair County jail. While there, the plaintiff claims a nurse examined him and recommended he be hospitalized, the suit states.

Carden was treated and then jailed until April 13.

The plaintiff claims he was tasered without probable cause and alleges there is a local custom or culture of police favoring nightclub owners in disputes against patrons.

He alleges inadequate hiring and training procedures and deliberate indifference to citizens’ rights.

He seeks punitive damages and compensation in excess of $40,000, plus attorneys’ fees and costs.

The plaintiff is represented by David M. Duree of O’Fallon.

The Village of Washington Park is represented by Hillary L. Klein and Anthony G. Grice of Husch Blackwell.

Boyd is represented by John P. Cunningham and Denise Baker-Seal of Brown & James in Belleville.

St. Clair County Circuit Court case number 15-L-276

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