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Suit alleges intoxicated man fractured arm when he and officer fell during wellness check

MADISON - ST. CLAIR RECORD

Thursday, November 21, 2024

Suit alleges intoxicated man fractured arm when he and officer fell during wellness check

Lawsuits
Billmudge

Chief Judge Mudge

EDWARDSVILLE – A Worden resident is suing the Madison County Sheriff and two officers after he allegedly suffered a fractured arm when he and another officer fell while walking down a ramp during a wellness check.

Brent Maher filed the lawsuit on April 28 in the Madison County Circuit Court against defendants Madison County Sheriff John D. Lakin, Sgt. Ray and Deputy Mooshegian, citing negligence and conscious disregard for his safety. 

According to the lawsuit, on April 29, 2021, the defendants arrived at Maher's home in the Village of Worden to perform a wellness check. The officers allegedly determined that Maher was so intoxicated that he should be taken to a mental health facility in Granite City for observation. The officers allegedly had determined that he was not a threat to them, but handcuffed him for transport, the suit states. 

Maher claims that while the defendants were leading him down a wheelchair ramp off the porch of his residence, one of the officers slipped on the ramp and pulled Maher down, causing him to fracture his left arm.

The lawsuit states that the officers were negligent for handcuffing him even though he was not under arrest and was not a threat. It also states that the officers had conscious disregard for Maher's safety for not holding onto his arms as they descended the slippery ramp.

Maher claims his injury caused him to suffer a disability, and endure pain and suffering. Maher also claims that he has incurred medical expenses and will continue to require the services of medical staff to recover. 

Maher is seeking damages in excess of $50,000, plus court costs and any other relief the court deems proper. He is represented in this case by attorney John H. Hustava of Hustava Law in Collinsville. 

Madison County Circuit Court case number 2022LA000544

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