Judge dismisses lawsuit filed by exonerated North Aurora dad
A Kane County judge recently dismissed a conspiracy and malicious prosecution lawsuit filed by a North Aurora man who was found not guilty of scalding his toddler son in a 2011 trial, court records show.
“There are no facts to establish the elements of conspiracy to deprive plaintiff of his rights,” Judge James R. Murphy wrote in his ruling. “Plaintiff fails to provide any factual allegations amounting to extreme and outrageous conduct to state a cause of action for intentional infliction of emotional distress.”
Murphy, in his ruling last month, dismissed Jason Barnes' lawsuit with prejudice, meaning it cannot be refiled in the future.
Barnes, now 40, was charged with aggravated battery to a child and heinous battery in 2009 after police were called to his home on the 700 block of Lloyd Lane for his then 19-month-old son, who had severe burns on his legs and feet.
The toddler had to have all of his toes amputated and learned to walk again, according to court testimony.
Barnes was found not guilty of scalding the boy during a trial in June 2011. He blamed the injuries on a faulty hot water heater.
Judge Timothy Sheldon, who has since retired, stopped the trial midway through due to lack of evidence.
Barnes later sued the Kane County state's attorney's office, investigators at the Child Advocacy Center, police, agents for the Illinois Department of Children and Family Services and officials at Loyola University Medical Center.
Barnes sought damages for false arrest and claimed his right to due process was violated.
A Kane County judge in fall 2012 dismissed most of the counts in the Barnes' lawsuit, but left the door open for Barnes' attorneys to refile the lawsuit, which they did.
Attorneys argued their positions in November 2013 before Murphy, who took the case under advisement and issued his ruling Dec. 26.
“There are not facts to establish the necessary elements of a cause of action for conspiracy, deprivation of Constitutional rights, or intentional infliction of emotional distress,” Murphy wrote.
A message left with Barnes' attorney, David Centracchio, was not immediately returned.