Schmiedeskamp Robertson Neu & Mitchell Lawyers - Quincy IL

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SRNM obtains dismissal of civil rights case filed against Adams County

Chase Rehrig • Oct 29, 2018

On October 11, 2018, James A. Hansen and Daniel M. McCleery successfully secured a motion to dismiss judgment, with prejudice, on behalf of their clients, Adams County State's Attorney Gary Farha and Adams County in Federal District Court.

The plaintiff filed a complaint alleging, among other things, malicious prosecution and violation of his constitutional rights under 42 U.S.C. § 1983. The Court, without reservation, dismissed all counts against Gary Farha and Adams County. The Court Ordered "all of these allegations are rooted in Adams County’s prosecution of his criminal theft case" and "these occurrences are all functions of their prosecutorial duties," therefore, defendants cannot be liable for any constitutional violations to the plaintiff, including malicious prosecution.

United States District Court Judge Richard Mills issued the Order of the Court.

James Hansen and Daniel McCleery

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