Murderer on parole sues sheriff for malicious prosecution in stalking case
A paroled murderer from Oswego charged with stalking a dancer from Blackjacks Gentlemen's Club is suing the Kane County sheriff and state's attorney, claiming malicious prosecution, conspiracy and intentional infliction of emotional distress.
Kurt E. Johnson, 54, filed the suit this week in Kane County, seeking unspecified damages from what his attorney characterized as a coordinated attempt to keep his client from reintegrating into society after serving half of a 38-year prison sentence for murder.
"He's paid his debt to society, but they're not letting him assimilate," attorney Ted Diamantopolous said. "They're trying to do what they can to lock him up. He's adamant about clearing his name."
Johnson was charged in 2013 with stalking a dancer from the club in St. Charles Township. He is due in court on the stalking charge June 14.
The case has been delayed while attorneys await a ruling from the state's Supreme Court regarding stalking laws. If the court rules a certain way, it is possible the state will not have the requisite elements to hold the felony charges against Johnson.
The lawsuit argues interactions between Johnson and the dancer were consensual and that authorities only charged him with stalking because they knew he was still on parole and would be sent back to prison for a parole violation if charged with a crime.
A probation officer in April 2015 accused Johnson of threatening her while she adjusted his electronic home monitoring anklet outside the Kane County Judicial Center, records show. In May 2016, Johnson was acquitted of the felony charge of threatening a public official, which carried a possible prison term of three to five years.
Authorities also seized Johnson's car, arguing he used it in the commission of the stalking crime by driving it to the club.
"It's just another form of harassing Mr. Johnson," Diamantopolous said. "They conspired with the state's attorney to file these false allegations."
The state's attorney's and sheriff's offices declined to comment.
Johnson's lawsuit is next due in court July 25.