BENTON - East St. Louis and its police objected to a recommendation for an $825,035.97 default judgment in favor of Dorian Hendricks of Belleville on July 26, claiming they didn’t know he sued them.
City counsel Alvin Paulson wrote, “There has been no valid service of process in this matter, which makes any action by this court null and void.”
He claimed the city’s attorneys first received notice of the case from a news article.
He claimed a procedural rule mandates dismissal of the complaint without prejudice since Hendricks failed to serve it within 120 days.
In the alternative he requested the city be allowed to defend the matter on the merits.
“Defendants have a meritorious defense," he wrote.
U.S. Magistrate Judge Reona Daly recommended default judgment on July 16, finding Hendricks served police chief Kendall Perry and an executive assistant in city hall.
Daly couldn’t enter judgment because the city didn’t consent to magistrate jurisdiction.
She referred her report to Senior District Judge Phil Gilbert for entry of an order.
Attorney Steven Fluhr of St. Louis County filed the complaint last October against the city, the police department, detective Jason Hicks, chief Kendall Perry and assistant chief Nick Mueller.
Fluhr claimed Hendricks drove away from a fight at Da Beno Nite Club and Hicks, working security at the club, followed in an unmarked police vehicle.
He claimed Hendricks followed a road to a dead end and Hicks jumped out of his vehicle.
He claimed Hicks didn’t identify himself and started shooting.
He claimed Hendricks reversed and drove past Hicks who kept shooting.
He claimed shots struck Hendricks’s left leg.
He claimed Hicks’s actions were atrocious, intolerable, extreme and outrageous.
Perry and Mueller share liability because they allegedly tolerated excessive force, ratified unconstitutional acts and assisted in covering up bad actions, according to the suit.
They allegedly instituted a policy against working security for Da Beno but they knew Hicks worked there on duty and they tolerated it.
Fluhr sought damages for pain, partial loss of use of the leg, loss of income, distress, anguish, humiliation and disfigurement.
He moved for entry of default in December.
The clerk entered it on Jan. 2 and on that date Fluhr moved for judgment.
He sought $1.5 million in actual damages and $500,000 in punitive damages.
Daly held a hearing with no witnesses except Hendricks, who testified that physical therapy improved his ambulation but did not help his pain.
He said he had nightmares every night and excruciating pain.
Daly recommended $750,000 for pain and suffering.
“Plaintiff became very emotional at the hearing when he described his injuries and saw a picture of his leg which depicted the bullet holes,” she wrote.
She awarded $48,303 for medical bills and $26,732.97 for lost wages.
She found Hendricks lost a job with FedEx because he couldn’t bear weight.
She found he didn’t return to work for 15 months and at the time of the hearing he made $18 an hour loading and pushing a cart for E-Trailer in Wentzville, Missouri.
She found pain caused him to move slowly and he feared he would be fired.
She found allegations regarding Hicks might warrant punitive damages but she could not rely on allegations to determine damages.
Paulson tried to blame Fluhr for the city’s lack of knowledge.
“Plaintiff’s attorney is aware that defense counsel represents East St. Louis and in fact is currently litigating other cases with defense counsel and yet failed to ever mention his motion for default,” Paulson wrote.