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O’Fallon police officers seek to amend lawsuit against city

On June 24, a motion was filed in St. Charles County Circuit Court to amend a Feb. 12, 2018, lawsuit in which active, full-time O’Fallon police officers Capt. Jeffrey Gray and Maj. Kyle Kelly accused the city of O’Fallon of “unlawful employment practice [gender discrimination], unlawful discriminatory practice [retaliation], and unlawful discriminatory practice [hostile work environment]. The amended petition adds a seventh count – defamation by Mayor Bill Hennessy.

The plaintiffs are continuing to demand a jury trial.

On June 27, St. Charles County Circuit Court Judge Jon. A. Cunningham scheduled a motion hearing for 9 a.m. on Friday, July 12 to hear the motion for the amended lawsuit and make a ruling on accepting or declining it.

In addition, per Missouri Courts case.net, new subpoenas were served June 21 upon John Griesenhauer, O’Fallon’s administrative services director; Paul Huff, information technology director], Tanya Davies, director of human resources; Tim Clothier, chief of police) along with the city of O’Fallon and its police department.

Per Missouri Courts Case.net System, on July 1, the defendants filed a motion to quash subpoenas and for protective order, to stop subpoenas for the city of O’Fallon, its police department, Griesenauer, Huff, Davies and Clothier. On July 2, the plaintiffs filed a motion to continue the hearing from July 12 to July 19. As of end of business on July 2, no further docket entries had been posted in Case.net regarding the outcome of the July 1 and July 2 motions.

The original lawsuit had named as defendants the city of O’Fallon, former Police Chief Roy Joachimstaler, former City Administrator Bonnie Thierren, and Assistant City Administrator Lenore Toser-Aldaz. On March 5, the Court approved a defendants’ attorney motion to dismiss Joachimstaler, Thierren and Tozer-Aldaz as individual defendants, leaving the city as the sole defendant. In the amended lawsuit, the plaintiffs are seeking to add mayor Bill Hennessy as a defendant.

The original lawsuit requested compensatory damages of $25,000 per each of its six counts, plus punitive damages per each count in an amount deemed just, proper and sufficient to punish the defendants and deter future like conduct. In the amended lawsuit, the new, seventh count also includes compensatory damages of $25,000 plus punitive damages.

A full story about the original lawsuit was published in Mid Rivers Newsmagazine on April 28, 2019.

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