Naperville councilman required to take psychological exam

Naperville City Councilman Richard Furstenau will be required to take a psychological examination as part of his lawsuit against city officials.

U.S. Northern District Judge Geraldine Soat Brown made the ruling Thursday in response to a request by the city's attorneys.

"We're pleased with this ruling and think it's the correct ruling," said Terrence Sheahan, attorney for the city. "Furstenau put himself in this position by alleging these severe emotional injures as damages."

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

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

In October 2007, Furstenau filed a federal lawsuit 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.

A federal judge has since dismissed the claims against Naperville but the city remains involved in the case as the employer of the remaining defendants.

In late December, Naperville attorneys asked the court to require Furstenau to take a mental examination, which Brown approved Thursday.

"We want to be on equal footing with the plaintiff to determine number one, whether or not his claims of severe emotional injury are actually true and number two, if there is any causal connection between his alleged false arrest and his alleged psychological injuries," Sheahan said.

Furstenau attorney John Sopuch took issue with the request, saying it was late in the game and inappropriate.

"These guys have deposed Mr. Furstenau for approximately 14 hours in this case and we thought enough was enough," Sopuch said.

He believes the exam will show the "traumatic event" of the arrest has "created some problems with Mr. Furstenau."

The two sides have until April 6 to work out the time, date and scope of the examination.

The mental exam requirement is the second victory for the city in recent weeks.

Last month, federal Judge Charles Norgle denied Furstenau's request to add previously dismissed claims back into the case. Norgle called the fourth amended complaint "blunderbuss" and the third, "less than perfect" while saying the litigation is "already protracted."

Sopuch said Norgle has a track record of being tough when it comes to civil rights cases.

"Do these decisions give us pause and say, 'hey it's time to wrap things up?' The answer is no," Sopuch said. "We intend on going forward, we intend on trying whatever Judge Norgle lets us try and then there will likely be a day in the Seventh Circuit Court of Appeals with regard to some of these things that have happened."

Still pending in the Furstenau lawsuit is a motion to dismiss the case against Matchett, Ely and Burchard, which could be ruled upon in the coming weeks. Attorneys for the police officers also have asked that the judge rule on the claims against them before going to trial.