EAST ST. LOUIS – Johnston City challenges from the outset the credibility of Katherine Smith, who alleges excessive force against canine officer Asa McVicker at U.S. district court.
City counsel James Godfrey of St. Louis moved to dismiss her suit on Jan. 19, for shortage of facts and for conduct that brought police to her.
Attorneys Jarrod Beasley of Belleville and David Cates of Swansea filed Smith’s complaint on Dec. 10, claiming McVicker and the city violated her constitutional rights.
According to the lawsuit, Smith was a passenger on a motorcycle that police stopped.
He wrote that she placed her hand behind her back and obeyed commands, but that McVicker released the dog without provocation or justification and the dog attacked Smith.
Officers allegedly told her to shut up and this was what she deserved.
The attack allegedly caused severe physical damage.
The lawsuit claims McVicker routinely violated rights of persons he arrested, and that the city failed to investigate, discipline, or fire him.
Along with excess force Smith alleged willful and wanton conduct, which would overcome the general immunity of local government employees.
City counsel Godfrey filed separate motions to dismiss McVicker and the city.
For McVicker he wrote, “Plaintiff argues that she and Mr. Holloway pleaded with police not to release the canine, and that its release constituted indifference to or conscious disregard for her safety.
“Plaintiff also explains, however, that she was in the midst of being apprehended by the police, after evading capture.
“By that fact alone, plaintiff’s judgment on the day in question is not the compass by which judgment should be assessed.”
For the city he wrote that Smith failed to plead facts demonstrating that the city knew or should have known McVicker would violate citizen rights.
He wrote that she failed to plead facts demonstrating that he routinely violated rights previously.
He wrote that she failed to plead facts demonstrating the level of his training.
District Judge Stephen McGlynn presides.
Johnston City is 75 miles southeast of Belleville in Williamson County.