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updated: 10/24/2012 4:59 PM

Judge dismisses lawsuit of man acquitted in scalding

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  • Jason Barnes

      Jason Barnes

 
 

A judge has dismissed a lawsuit filed by a North Aurora man who was acquitted of felony charges that he severely scalded his toddler son in 2009.

Kane County Judge Judith Brawka recently dismissed a lawsuit filed by Jason Barnes against the Kane County State's Attorney's Office, the Department of Children and Family Services, North Aurora police, investigators at the Kane County Child Advocacy Center, and others, according to court records.

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Barnes, 39, sought damages from the individuals and entities -- 15 in all -- arguing he was the subject of malicious prosecution, suffered emotional distress and had his rights violated after he was accused of heinous battery and other charges stemming from an August 2009 incident in which his then-1-year-old son was severely scalded and had to have all his toes amputated.

In Barnes' suit, he argued that a malfunctioning thermostat on his home's hot water heater led to the injuries that required the boy to learn to walk again.

Brawka dismissed many of the allegations -- including a false arrest claim -- "with prejudice," meaning that portion of the lawsuit cannot be refiled.

However, she did leave open the door for some aspects of the complaint to be changed and refiled; the deadline for those to be submitted is Nov. 30 and the case is due back in court on Jan. 16, 2013.

In their defense, Kane County prosecutors had argued in court papers that authorities had immunity in the case and had probable cause to arrest and charge him. Prosecutors also argued that Barnes did not offer any specifics as to actions that were taken that supposedly violated his rights.

Barnes's attorney, David Centracchio, declined to comment.

State's Attorney Joe McMahon's office also would not comment on the lawsuit.

Judge Timothy Sheldon last year acquitted Barnes halfway through a trial, ruling there was not enough evidence to proceed and that Barnes did not need to call any defense witnesses.

Barnes filed a lawsuit in late 2011 arguing that authorities conspired against him.

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