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| Incarcerated man asks Lopinot to reconsider dismissing $5M suit alleging malicious prosecution |
| By madisonrecord.com- Heather Isringhausen Gvillo |
| Published: 10/27/2015 |
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An incarcerated man serving time in Taylorville for attempted murder asks St. Clair County Circuit Judge Vincent Lopinot to reconsider granting St. Clair County’s and an assistant state’s attorney’s joint motion to dismiss the suit alleging malicious prosecution. Gary Smith filed a lawsuit on July 24 against St. Clair County and Assistant State’s Attorney James Gregory Piper Jr. According to the complaint, Smith claims Piper practiced in a mischievous manner and says he falsified paperwork in his case. Smith also claims he was improperly subjected to judicial proceedings of being a child sex offender, but says there was no probable cause. Smith seeks damages of $5 million and demands a published retraction by Piper. St. Clair County and Piper filed a motion to dismiss the case on Sept. 9 through attorney Katherine Porter of Becker Hoerner Thompson & Ysursa in Belleville. They argue that the plaintiff was convicted of attempted first degree murder of a minor and that the State’s Attorney’s Office ensured that Smith was placed on the correct registry in 2012 – the Murderer and Violent Offender against Youth Registry. Read More. |
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