EAST ST. LOUIS — A man arrested for DUI is suing the St. Elmo Police Department, an officer and the garage that held his impounded truck, claiming the personal items in the vehicle are missing.
Clifford S. Kirby, Jr., filed a complaint July 14 in the U.S. District Court for the Southern District of Illinois against Sergeant Jake Etcheson, individually in his official capacity and as agent of St. Elmo Police Department, St. Elmo Police Department and Sperry's Service Inc., alleging civil rights violations and other claims.
According to Kirby's complaint, he was pulled over by Etcheson on Dec. 11, 2017, arrested and charged with aggravated DUI. He alleges that during the time of his arrest, his Ford Truck, which contained his personal property, was towed and impounded. Kirby claims that on Dec. 15, 2017, Assistant State's Attorney Brenda Mathis filed a petition for forfeiture, and the court entered a judgement for his truck to be forfeited to the Vandalia Police Department.
Kirby claims that on Sept. 9, 2019, he granted permission to retrieve his personal belongings from the truck, including a crossbow and other hunting gear. Kirby alleges that on Jan 26, 2021, he went to Sperry's Service to pick up his property and was told there was no personal property in the truck despite an inventory sheet done by Etcheson at the time of his arrest listing the items in his truck.
Kirby alleges the defendants failed to retain the property in his truck, violated his property and engaged in unlawful seizure.
Kirby seeks monetary and all other relief deemed proper, plus court costs and attorney's fees. He is represented by Monroe McWard of McWard Law Office in Taylorville, Ill.
U.S. District Court for the Southern District of Illinois case number 3:21-CV-805