The U.S. District Court for the Central District of Illinois in Rock Island granted a motion to dismiss several counts from a lawsuit filed over a fatal high-speed chase in McDonough County.
But other parts of the motion filed by the county’s attorneys were denied.
The defendants in the case are the county, its sheriff’s office, former Deputy Evan Schmalshof, and Deputy Nicholas Ruggio.
They asked the court to dismiss four of the 11 counts, and the court agreed to dismiss claims the chase violated James Mellenthin’s Fourth and Fourteenth Amendment rights.
The court also granted the defendants’ motion to file a reply after the filing period passed, saying the brief could provide clarity and completeness to the record.
But the court denied dismissal of two counts concerning liability on behalf of the county and the sheriff’s department.
Mellenthin was killed after the squad car driven by Schmalshof bumped his 2006 Pontiac Grand Am during the chase on Route 67 between Macomb and Industry on Jan, 27, 2023.
The collision caused Mellenthin’s vehicle to roll over and leave the road. He was ejected from the vehicle and was pronounced dead at the scene.
His family filed a federal lawsuit in October 2023, then an eleven-count amended complaint in January 2024.
Schmalshof was dismissed from the sheriff’s department early in 2024. He has since filed a separate federal lawsuit against the county and Sheriff Nick Petitgout.
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