Naperville asking councilman to take mental exam as part of lawsuit

An attorney for Naperville is asking a federal judge to force Councilman Richard Furstenau to take a mental exam as part of the elected official's lawsuit against the city.

The city's attorney, Terrence Sheahan, says it's necessary because the councilman's federal suit includes claims for emotional damages.

An attorney for Furstenau called the request "ridiculous."

Furstenau is suing the city over a 2006 incident in which he was arrested and charged with misdemeanor battery after he was accused of shoving police officer Mike Hull before a holiday parade.

Furstenau later was acquitted but the city denied his request for an apology, discipline of the police officers and $129,529 to cover his legal fees and repay contributors to his failed state Senate campaign.

He filed a lawsuit in October 2007 against the city and three police officers saying the arrest was retaliatory. He later added former City Manager Peter Burchard, police union President Joe Matchett and city attorney Margo Ely to the suit.

Sheahan said he believes a mental exam is appropriate and recently filed a motion to compel one.

"In cases where plaintiffs allege severe emotional injury, this is the only mechanism by which a defendant can properly test whether severe injuries were in fact caused by the actions of the defendant," he said.

But Shawn Collins, Furstenau's lawyer, said the councilman already allowed attorneys to take 14 hours of his deposition and further questioning is unnecessary.

"There's no reason for it as I see it other than to harass Dick Furstenau," Collins said. "Their wanting to subject him to an eight-hour essentially psychiatric examination has no place here."

Collins said while Furstenau is seeking emotional damages caused by the arrest, he is not claiming to have a psychiatric condition. Among the injuries listed in court documents are anxiety, emotional distress, humiliation, disturbed sleep, damaged relationships and loss of reputation.

Sheahan said he would drop the request for the exam if Furstenau drops the claim for emotional damages. Collins said he has no intention of doing so and that the city filing additional motions is a "totally unnecessary use of taxpayer dollars" since a judge dismissed claims against the city itself late last month.

However, Sheahan said the city remains part of the suit as the employer of the remaining individuals.

The case will be back in court Thursday, Jan. 8. Attorneys for the defendants also have filed motions to dismiss the claims against Matchett, Ely and Burchard and plan to ask the judge to rule on the claims against the officers before going to trial. Collins meanwhile has requested the judge set a trial date on the claims of false arrest.