EAST ST. LOUIS - U.S. District Judge David Dugan gave East St. Louis 14 days to produce answers and documents about the terminations of assistant police chief Nicholas Mueller and his wife, former housing commissioner Shonte Mueller.
In a May 12 order Dugan found responses the city provided to the Muellers on April 7 were without basis, evasive, incomplete and unresponsive.
“Considering the nature of the objections and responses provided by defendants, sanctions may be warranted," Dugan wrote.
Cody Reinberg of St. Louis County, counsel to the Muellers, immediately petitioned for an award of $1,501.50.
The Muellers sued East St. Louis, city manager Robert Betts, mayor Charles Powell III, and council members Courtney Hoffman and LaVondo Pulley last year.
They also named the city housing authority and its agent Michael Collins as defendants.
Shonte Mueller claimed defendants retaliated against her for reporting misconduct and violations of federal regulations.
Nicholas Mueller claimed defendants retaliated against him for appearing at a meeting of the housing authority to support his wife.
On Feb. 4 the Muellers served interrogatories on the city.
Shonte Mueller asked for names and titles of those involved in the decision to remove her, and asked for their reasons.
She asked for all communications relating to her employment from May 2023 to the present.
She asked for a list of actions the city or its agents took based upon her reports of potential violations of regulations or misconduct.
She asked for names of all individuals to whom she made those reports and all verbal or written communications relating to the reports.
She asked whether the city obtained written or recorded statements from any persons with regard to her termination.
She asked for names of those the city communicated with regarding her claims, “not limited to local, state or federal government agencies or officials.”
Nicholas Mueller asked for the reasons for his removal.
He asked for all communications referencing his wife’s complaints and concerns.
He asked for a description of discussions relating to his attendance at the authority board meeting on Oct. 24, 2023.
He asked for a description of discussions, reprimands, conversations or other notice given to him pertaining directly to his wife or his support for her actions.
He asked for names of decision makers and a description of roles they played.
They both asked for a description of deficiencies the city believed to exist in their work in the last 365 days of his employment.
They both asked whether the city ever warned or disciplined them for unsatisfactory work.
Shonte Mueller also submitted 21 requests to produce documents and Nicholas Mueller submitted 11 requests.
City counsel Alvin Paulson of Chatham and Baricevic in Belleville responded on April 7 after missing three deadlines.
He answered all of Shonte Mueller’s interrogatories and requests for production by stating she wasn’t a city employee and the city had no legal authority regarding her employment.
He answered Nicholas Mueller’s request for reasons by writing, “Violation of East St. Louis police department procedures.”
He answered the request for communications referencing his wife by writing, “The question is vague and unintelligible.”
He stated the requests for descriptions of the board meeting and conversations about his wife’s actions were vague and overly broad.
He answered the request to name decision makers by writing, “Robert Betts city manager.”
He answered the request for description of deficiencies by writing, “Nicholas Mueller failed to follow police procedures.”
He answered the question about unsatisfactory work by writing, “See attached personnel file.”
He answered requests for production of documents either by referring to the personnel file or calling requests overly broad and vague.
“Providing plaintiff’s personnel file in lieu of providing the required written answer under oath is insufficient," Dugan wrote.
“Responses that impede rather than facilitate discovery may result in sanctions.”
He gave East St. Louis 21 days to respond to Reinberg’s petition for fees.
Reinberg stated he spent 1.5 hours on the motion to compel and 0.6 hours on the fee petition for 2.1 hours at $715 an hour.