Naperville scores victory in city official's lawsuit

Naperville scored a victory Monday in defending itself against a federal lawsuit brought by Councilman Richard Furstenau.

A federal judge dismissed all claims against the city, although six individuals remain on the lawsuit.

The city also will remain on the suit, but only as the employer of those individuals.

"We're very pleased with the court's ruling," said Terrence Sheahan, attorney for Naperville. "Mr. Furstenau's claims against the city were sweeping and always meritless and that's the position we took all throughout the case."

The ruling has not deterred Furstenau and his attorney, who say they will proceed with the suit.

The lawsuit stems from a 2006 incident in which Furstenau 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. He asked the city for an apology and for the police officers involved in his arrest to be disciplined.

The city denied the request as well as a subsequent request for an apology and $129,529 to cover legal fees and repay contributors to his failed state Senate campaign.

Furstenau filed a lawsuit in October 2007 against the city and three police officers - Hull, Chief David Dial and Detective Michael Cross, 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.

However, in the ruling released Monday, Judge Charles Norgle said Furstenau failed to show his constitutional rights were violated by city policy or policymakers, and dismissed the three claims specifically against Naperville.

Shawn Collins, who represents Furstenau, said while disappointed, he will ask the judge to reconsider and plans to proceed with the suit against the remaining six individuals.

"Our claim that Furstenau was falsely arrested proceeds against Hull, Cross and Dial regardless of this decision, it doesn't weaken the case at all," Collins said. "It's a disappointing decision in that we don't want to lose any decision, but we will ask the judge to bring the city back in."

Collins has requested the judge set a trial date on the claims of false arrest against those three officers.

But attorneys for the defendants said they plan to ask the judge to rule on the claims against the officers before going to a trial. They also have filed motions to dismiss the claims against Matchett, Ely and Burchard.

Sheahan said the decision narrows the issues in the case and will reduce the number of witnesses and amount of work that will go into defending it. The city had expected to spend $1.2 million next fiscal year on its defense.

Dismissal of claims against the city doesn't mean it is financially off the hook. As the employer of the other defendants, Naperville will have to pay compensatory damages on their behalf if a jury ultimately rules in Furstenau's favor.

Both Terry Ekl, who represents Burchard, and Jim Sotos, who represents Ely, Matchett and the police officers, said the dismissal of claims against the city bodes well for their individual clients.

"We're encouraged by some of the language in the ruling that this will help our argument for dismissal," Ekl said. "The timing tends to show we should be getting a resolution on our motion fairly shortly."

The case returns to court Jan. 8 for a status hearing and continued discovery.