Partial dismissal requested in Lovelace lawsuit - Quincy News, Weather, Sports, and Radio

Partial dismissal requested in Lovelace lawsuit

Lovelace during his second trial earlier this year in Sangamon County. Lovelace during his second trial earlier this year in Sangamon County.

The "Quincy defendants" named in a lawsuit filed by former prosecutor Curtis Lovelace are asking for a partial dismissal, according to court records.

Lovelace filed the lawsuit in May less than two months after he was acquitted of murdering his first wife by a Sangamon County jury. He was arrested in 2014 and charged with murdering Cory Lovelace in 2006.

Comprehensive coverage of Lovelace's second trial here

The 11-count lawsuit claims Lovelace was deprived "of his constitutional right to a fair trial by withholding and suppressing exculpatory and impeachment evidence and by fabricating evidence against Plaintiff."

The defendants in the suit are:

  • Adam Gibson (Quincy Police Detective)
  • Robert Copley (Quincy Police Chief)
  • John Summers (Quincy Police Sergeant)
  • Dina Dreyer (Quincy Police Lieutenant)
  • Anjanette Biswell (Quincy Police Detective)
  • City of Quincy
  • Adams County
  • Gary Farha (Adams County State's Attorney)
  • James Keller (Adams County Coroner)
  • Unknown Quincy Police officers

See the Herald-Whig's coverage of the lawsuit here

The motion for partial was filed Tuesday by the attorneys for the City of Quincy, Gibson, Copley, Dreyer and Summers. 

According to a memorandum also filed Tuesday in support of the motion to dismiss, the defendants ask the court to dismiss 10 of the 11 counts "for failure to state a claim on which relief could be granted." 

The memorandum states:

Based on the allegations in the Complaint, Plaintiff cannot claim, as a matter of law, a violation of his due process rights. Without a due process violation, all of Plaintiff’s federal claims fail. Moreover, Plaintiff makes no allegations that would be sufficient to establish a § 1983 claim against the City of Quincy, or to support a conspiracy claim. As a result, Plaintiff’s federal claims should be dismissed. Plaintiff’s state law claims should be dismissed as well.

Attorneys representing Adams County, Farha and Keller filed answers to the lawsuit last month. All three answers claimed the defendants have "absolute immunity which the Supreme Court has held applies to the performance of certain functions intricate to the functioning of our adversarial judicial system."

The full memorandum in support of the motion to dismiss is below:

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