An East Alton woman who claims she was falsely arrested and prosecuted by Wood River officers has been ordered to show cause why her federal lawsuit shouldn’t be dismissed for lack of prosecution.
Federal judge Phil Gilbert entered an order on April 11, stating that plaintiff Sheena Howard has failed to find new counsel or indicate if she wishes to proceed pro se in her complaint after her previous counsel withdrew his appearance. Gilbert ordered Howard to show cause “why the court should not dismiss this case for lack of prosecution” by May 6.
Attorney Matthew Prengaman of The Law Office of Matthew Prengaman in Chicago sought to withdraw his appearance as counsel for Howard on Feb. 18.
“There has been a breakdown of the attorney-client relationship such that continuing the attorney-client relationship would therefore no longer be possible or practical,” he wrote in his motion.
Gilbert granted his motion on March 15 and ordered Howard to retain new counsel or proceed pro se.
“If the plaintiff fails to do either of these things in a timely manner, the court may construe her failure as an intent not to pursue this litigation and may dismiss this case for lack of prosecution,” Gilbert wrote.
Howard filed her complaint in the U.S. District Court for the Southern District of Illinois on Dec. 8, 2021, against the City of Wood River and officers Michael Young, John Hoefert and Dennis Laboray.
The complaint does not provide specific details about the alleged incidents, but Howard claims she was falsely arrested and maliciously prosecuted on two separate occasions on Dec. 29, 2019, and July 19, 2020. She also alleges she was subjected to excessive force.
She claims there was no probable cause for her arrest and disorderly conduct charges. She alleges the charges in both instances were later disposed of.
She seeks compensatory and punitive damages, plus attorney’s fees and any other relief the court deems just.
Howard has also previously filed a lawsuit against the Wood River Township and the tax assessor in the Madison County Circuit Court, alleging she expressed opposition to the practice of requiring political involvement. She had alleged she was fired in retaliation.
The defendants in Howard’s Madison County lawsuit denied the allegations against them.
The parties later reached an undisclosed settlement agreement and the case was dismissed with prejudice on Aug. 23, 2019.
U.S. District Court for the Southern District of Illinois case number 3:21-cv-1598