May 22, 2009 - 10:25 PM
By SANFORD J. SCHMIDT
The Telegraph
EDWARDSVILLE - The head of the Hayner Public Library District in Alton has filed suit against the Madison County Sheriff's Department and three deputies over the director's arrest at his Godfrey home last Oct. 19.
Jeffrey Owen claims that during his arrest, he was in "excruciating pain, due to the position of his arms." He claims one of the deputies "threw him onto the ground, handcuffed him and kicked him, causing severe physical damage."

Owen was arrested and charged after he allegedly refused to turn over a young female relative to the deputies. Last month, a jury in Madison County Circuit Court acquitted him of charges of battery, obstruction and resisting arrest.

The girl was placed in Owen's custody after her mother was arrested on a battery charge for allegedly striking the teen. When the girl's father learned of her whereabouts, he wanted the girl placed in his care, because he shares joint custody. Owen and the girl's mother are cousins.

The obstruction charge was lodged against Owen because he allegedly refused to allow the deputies to check on the girl's welfare. He was charged with battery for allegedly pushing one of the officers while closing the door to his residence.

The resisting arrest charge was filed after Owen allegedly refused to put his arms behind him in order to be handcuffed. The lawsuit filed in Madison County Circuit Court recounted some of the testimony that Owen gave in the misdemeanor criminal trial but added several details.

Owen said in his suit that another deputy asked him earlier that evening to come to his cousin's home to get the girl, because of the domestic disturbance. That's why he hesitated when deputies came to his door, Owen asserted. "Plaintiff was understandably confused and advised that he was going to contact his lawyer to determine the correct action to take," the civil complaint states.

He said the deputies were holding the door open during the conversation. "They had no warrant for the premises and no legitimate circumstances existed for them to enter the home," the complaint claims.

The suit claims that Deputy Timothy Mudd forced his way into the house, and Owen backed up with his arms extended to protect himself from the "unwelcome and unwarranted invader."
Owen said the deputy grabbed him, performed a "knee strike," took him to the floor and attempted to handcuff him.

The suit claims Owen and his mother pleaded with the deputy to "cease this unwarranted violence." They said he is unable to put his arms behind him because of a birth defect called "neurogenic thoracic outlet compression syndrome." Nevertheless, Mudd allegedly kicked Owen twice before "jerking him to a standing position."

Owen is claiming that, because of the deputies' behavior, he suffered pain and suffering, loss of freedom and lost money due to inability to work. Owen's suit contains six counts, and he is asking for at least $50,000 in damages on each count. Along with Mudd and Sheriff Robert Hertz, the suit names as defendants two other officers whose names Owen said he does not know.

Hertz acknowledged the fact that Owen was acquitted but said that does not necessarily mean the library director is entirely in the right. "It seems we have a disagreement, but that's what the civil courts are for," Hertz said.

Owen is represented by Jarrod P. Beasley of The Kuehn Law Firm in Belleville.