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Judge Gilbert rejects proposed $825K police brutality default judgment

MADISON - ST. CLAIR RECORD

Thursday, January 2, 2025

Judge Gilbert rejects proposed $825K police brutality default judgment

Federal Court
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Senior U.S. District Judge Phil Gilbert | District Court

BENTON - Senior U.S. District Judge Phil Gilbert rejected a recommendation to award $825,035.97 to Dorian Hendricks as default judgment on an excessive force suit against East St. Louis police on Dec. 12.

Gilbert reached a decision without determining whether process server Jim Mourey of Belleville served the complaint on police chief Kendall Perry.

“It is disputable whether the process server served the chief of police himself or some other party," Gilbert wrote.

“However, even if the police chief was briefly in the office long enough to be served, it is plausible that he misplaced or disremembered receiving the documents.”

Gilbert found Mourey followed correct procedures but “organizational miscommunication” prevented the city from receiving notice of the suit.

He found Mourey executed service but didn’t perfect it.

He found the issue of service was complex and could possibly support default judgment but the amount in controversy and the factual disputes weighed in favor of proceeding.        

Hendricks sued the police, the city, Perry, former assistant chief Nick Mueller and midnight detective Jason Hicks in October 2023.

Hendricks' counsel Steven Fluhr of St. Louis County claimed a fight broke out at Da Beno night club in the 6800 block of State Street on Oct. 25, 2022.

He claimed Hendricks was hit on his head a couple of times. Hendricks and his brother allegedly left, people drew guns and Hendricks drove away.

He claimed Hicks followed in an unmarked vehicle; that Hicks worked security while on duty and Mueller and Perry tolerated it; that Hicks followed Hendricks to a dead end; that Hicks jumped out, did not identify himself, and started shooting; that Hendricks reversed the vehicle and drove past Hicks who continued shooting.

He claimed shots struck Hendricks’s leg; Hendricks allegedly pulled over, jumped into the back seat, left the scene and crossed into Missouri where his parents took him to a hospital. 

He claimed Hendricks would have pain and partial loss of use of his leg for life.

He claimed Perry and Mueller tolerated excessive force and covered bad actions by charging members of the community.

The clerk randomly assigned Magistrate Judge Reona Daly of Benton.

Fluhr moved for entry of default last December and the clerk entered it in January.

Fluhr moved for judgment of $1.5 million and Daly heard testimony from Hendricks in May.

Hendricks said he constantly felt a burning sensation in his foot, worse when he walked on it.   

He said surgery made his ability to ambulate better but his pain didn’t change. He said a physical therapist told him there was nothing physical therapy could do.

He also said he had nightmares every night and the only thing he remembered was gunshots.

Daly couldn’t grant judgment because only district judges can do that and a magistrate must issue a recommendation. 

In July she recommended $750,000 for pain and suffering, finding Hendricks became very emotional when he described his injuries and when he saw a picture of bullet holes in his leg.

She recommended $48,303 in medical bills and $26,732.97 in lost wages.

The clerk assigned Gilbert.

City attorneys at Chatham and Baricevic in Belleville appeared and objected, stating they first learned of the case from a local website.

Fluhr responded that Mourey served summonses on Perry, Mueller and Hicks by service on Perry in his office.

He stated he served the city through a person in the office of city manager Robert Betts who had authority to receive it.

Gilbert held a hearing in October and Perry testified that he didn’t work that day.

City counsel Alvin Paulson asked if he had a speaking engagement and Perry said yes.

Paulson asked Mourey, “You don’t know if it was Kendall Perry or not, do you?”

Mourey said, “I addressed him and he addressed himself as the chief, yes."

Paulson showed him a document and said, “Who does that say that you served?”

Mourey said, “That was chief Kendall Perry personally, 51 year old. We served two different entities that day. I would hope that somebody would have made a record of it.”

Fluhr asked Mourey if he saw the chief before and Mourey said he served him several times.

Fluhr asked if he recognized and Mourey said yes.

Gilbert asked Mourey where he got the age and Mourey said people used to sign them and a federal judge took that away.

He said, “The next best thing is when you’re serving someone to get their description and ask them their age.”

Gilbert said, “You asked who you believed to be chief Perry his age and he told you 51 years?”

Mourey said, “Yes sir.”

Gilbert asked city counsel Grey Chatham for Perry’s age and Chatham said 51 years old.

Gilbert stated in his order that the city showed good cause for vacating the entry of default.   

He found defendants didn’t evade service or act in a malicious or intentional manner.

“Employees failing to hand over important legal documents and failing to make their organizations aware of the legal proceedings, in the unique circumstances in this case, presents good cause,” Gilbert said.

“Defendants may have been neglectful but mere neglect is insufficient especially in cases such as this one with grave accusations of police misconduct and over one million dollars in damages at controversy.”

He found they appeared and objected as soon as they were made aware of the suit.

He found they claimed to have a meritorious defense and he inferred probable cause, qualified immunity and a version of facts differing from Hendricks’s version.

He found no error on Daly’s part, finding the issue of service wasn’t before her.

He stated he rejected her analysis not because it was erroneous but because defendants should be given an opportunity to present a defense.

He directed Hendricks to serve alias summonses in 30 days.

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