BENTON – Madison County jurors found Brian Schell of Highland didn’t resist arrest and now jurors in U.S. district court must decide whether deputies acted appropriately when they tasered him.
Senior District Judge Phil Gilbert plans to start trial April 10 on Schell’s excessive force claim against Madison County, Eric Schellhardt, and Marc Asbury.
Schell’s claim involves the loss of his job as security chief at Graham state prison in Hillsboro.
He and wife Sandra appeared in divorce court on Sept. 10, 2018, and he called her that night.
She called 911 and said he might kill himself.
As Schellhardt and Asbury searched, an officer told them Schell practiced martial arts.
They stopped him near U.S. Highway 40 and Illinois Route 4.
According to Schellhardt’s report, he discharged his taser at Schell’s chest, “due to Brian’s noncompliance and combatant training.”
He reported that Schell continued resisting and “received a five second taser cycle.”
He charged Schell with resisting.
Schellhardt sent a clear and present danger report to state police and they revoked Schell's firearm card.
Schell couldn’t perform his job without a card and prison officials fired him.
He demanded jury trial and jurors acquitted him in 30 minutes in 2019.
Prison officials reinstated him but without seniority, and he retired.
Brian Polinske of Edwardsville filed Schell’s excessive force complaint, claiming Schell didn’t move aggressively and didn’t yell, curse, or threaten the deputies.
He claimed Schell didn’t attempt to resist or pull away.
“At the time the taser was employed on the plaintiff he was not committing any criminal violation of law,” he wrote.
Pollinske claimed the deputies fabricated testimony at trial and dashboard video refuted their claims.
He sought to recover wages, benefits, and deferred compensation.
He sought compensation for anguish, distress, and deprivation of freedom.
Pollinske sought to recover a $435 towing fee, $300 for defense on the resisting charge, and bills from Anderson Hospital.
He alleged malice against Schellhardt and requested punitive damages.
He claimed Schellhardt told his shift commander he needed to charge Schell with something because he tasered him.
County counsel Heidi Eckert of Clayton, Missouri, answered that the conduct of the deputies didn’t rise to the level of constitutional violation.
She claimed force was reasonable and necessary.
She moved for summary judgment in 2021, and Gilbert denied it.
Gilbert wrote that he carefully and repeatedly reviewed the video and found it might be subject to different interpretations by reasonable jurors.
He wrote that reasonable jurors could find an absence of probable cause for a criminal charge.
He also wrote that they could find Schellhardt instigated prosecution for an improper motive and conveyed a fictitious version of events to the state’s attorney.