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updated: 9/20/2017 4:44 PM

Kane sheriff, state's attorney move to toss malicious prosecution suit

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  • Kurt E. Johnson is suing the Kane County Sheriff and State's Attorney for malicious prosecution.

    Kurt E. Johnson is suing the Kane County Sheriff and State's Attorney for malicious prosecution.

 
 

The Kane County sheriff and state's attorney want to dismiss a malicious prosecution lawsuit filed by a paroled murderer charged with stalking a former stripper.

Kurt E. Johnson, 54, of Oswego, sued earlier this year, arguing authorities worked in a coordinated attempted to keep him from reintegrating into society after serving half of a 38-year prison sentence.

Johnson faces felony stalking charges from 2013; he is next due in court Thursday, but the case is essentially on hold awaiting ruling from the state's Supreme Court on the constitutionality of Illinois' stalking laws.

Johnson's suit seeks unspecified damages for conspiracy and intentional infliction of emotional distress. Sheriff Don Kramer and State's Attorney Joe McMahon had moved to dismiss the lawsuit.

They argue Johnson's lawsuit failed to state any specific claims to support the conspiracy allegation and that their actions and those of officials in their offices are protected by prosecutorial immunity.

"Plaintiff alleges that the acts and conduct of the defendants were extreme and outrageous, but does not specify what act exactly by what defendant is specifically extreme and outrageous and does not specify what the extreme emotional distress was to the plaintiff," wrote Assistant State's Attorney Deborah Lang in a motion to dismiss the lawsuit. "Illinois is a fact-pleading jurisdiction that requires specific facts and not conclusory statements."

Johnson has argued his interactions with a former dancer at Blackjacks Gentlemen's Club in St. Charles Township were consensual, that prosecutors charged him with stalking because they knew he was on parole and would be sent back to prison if charged with a felony.

The suit, and Johnson's attorney, Ted Diamantopolous, also contend prosecutors seized Johnson's vehicle, saying he used it to stalk the dancer, who has since moved out of state, and inflated a felony charge that Johnson threatened a probation officer that was fitting him with a GPS device. Johnson was found not guilty of that charge.

Judge James Murphy is set to hear the matter Nov. 9.

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