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Tuesday, November 5, 2024

Belleville lawyer sues Amtrak in federal court for collision information

Federal Court
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District Judge Staci Yandle | District Court

BENTON - Belleville lawyer Nathaniel O. Brown sued Amtrak at U. S. district court on July 23 to obtain information about collisions.

Brown sued as plaintiff and his colleague Fred Keck filed the complaint as his counsel.

The suit claims that Brown requested information relating to a crossing in Jackson County on May 31, 2017, November 1, 2017, January 31, 2023 and this June 5.

Brown claims he requested data related for each collision including data obtained or captured through event recorders physically or electronically.

He also claims to have requested audio and visual items including recorders facing in and out; he requested memorandums, correspondence, reports and materials on the collisions and on the crossing; he also requested audio or visual items of any near misses at the crossing at any time and any items regarding concerns or complaints regarding the crossing.

Amtrak acknowledged receipt of the request on June 20.

The suit claims that Amtrak didn’t seek an extension of a 20 day deadline for an answer and had not issued any substantive response. 

It also claims that good cause exists for release as the items are public records easy to identify.

The court clerk assigned District Judge Staci Yandle.

Brown filed information suits against U.S. Health and Human Services in 2017 and 2019.

His first suit sought the name of witnesses in an investigation of a nursing home.

Yandle denied the request, finding there was no public interest in it.

“There is only plaintiff’s private interest in obtaining information to support his client’s claim,” she wrote.

She found disclosing identities would reveal their involvement in the investigation and could subject them to harassment.

His second suit quickly succeeded and the government paid him $400 for his filing fee.

In district court last year he settled a suit against Amtrak and Illinois Central Railroad alleging wrongful death at a crossing in Jackson County.

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