1IN THE CIRCUIT COURT TWENTIETH JUDICIAL CIRCUIT ST. CLAIR COUNTY, ILLINOIS Mark R.

McCoy, Plaintiff, -VSCITY OF FAIRVIEW HEIGHTS, a municipal corporation, JOSHUA ALEMOND, and AARON NYMAN Defendants. ) ) ) ) ) ) ) ) ) ) )

Cause No. 10 L 75

PLAINTIFF’S ANSWERS TO DEFENDANT’S INTERROGATORIES NOW comes the Plaintiff, Mark R. McCoy, and hereby submits his answers to Interrogatories propounded upon him by Defendant, CITY OF FAIRVIEW HEIGHTS, as follows: INTERROGATORIES Interrogatory Number 1: State your full name, address, date of birth, social security number, marital status, and any other name(s) by which you have been known. ANSWER TO INTERROGATORY NUMBER 1: Full Name is Mark Robert McCoy. Presently domiciled at 41 Grandview Drive, Collinsville, Illinois. Born August 11, 1959. I have no Social Security Number. Marital Status is married. Interrogatory Number 2: State the name and present or last known address or location of all persons who were present at the scene of the occurrence alleged in the Complaint and/or who claims to have witnessed the occurrences in the Complaint. ANSWER TO INTERROGATORY NUMBER 2: Joshua Alemond, Fairview Heights Police Department. Aaron Nyman, Fairview Heights Police Department. Sergeant Krummrich, Fairview Heights Police Page 1 of 11

Department. Nancy McCoy, 41 Grandview Drive, Collinsville, Illinois. Interrogatory Number 3: State the names and present or last known addresses or locations of all persons who were present at the scene or the occurrence immediately before and/or immediately after the occurrence in question. ANSWER TO INTERROGATORY NUMBER 3: Unnamed person(s)s (Possibly named Nathan) in the employ of Walters Auto Body, 117 Ashland Avenue, Fairview Heights, Illinois. Interrogatory Number 4: Describe in general injuries sustained by you as a result of the occurrence alleged in the Complaint. ANSWER TO INTERROGATORY NUMBER 4: As a direct and proximate result of the Defendant’s negligence and willful and wanton misconduct the Plaintiff sustained cuts, abrasions, and bruising to his head and face, lacerated lower lip, broken nose, burn or irritation to the neck and head, aggravation and misalignment of the cervix and lower back, chipped front tooth, disruption in breathing and heart beat resulting in inability to breathe, extreme anxiety. Interrogatory Number 5: With regard to said injuries, state: the name and address of each attending physician; the name and address of each consulting physician; the name and address of each person or laboratory taking an x-ray of you; the date or inclusive dates on which each of them rendered you service; the amounts to date of their respective bills for services; and from which of them do you have written reports? ANSWER TO INTERROGATORY NUMBER 5: Information has been previously provided to Attorney for the Defendants, Joshua Abern, via email (jabern@okgc.com) with subject line “RE: McCoy v. City of Fairview Heights Case No. 10-L-75” sent on May 3, 2010, and May 17, 2010. Plaintiff will supplement answer as required should additional information be discovered and not provided by way of aforesaid communication. Interrogatory Number 6: As a result of said personal injuries, were you a patient or out-patient in any hospital or clinic? If so, state: the names and addresses of each such hospital or Page 2 of 11

clinic; the date or inclusive dates of said service; and the amounts to date of their respective bills for said services. ANSWER TO INTERROGATORY NUMBER 6: No. Interrogatory Number 7: As the result of said personal injuries, were you unable to work? If so, state: the name and address of your employer; the rate of your wages immediately before the occurrence alleged in the Complaint; the date or inclusive dates on which you were unable to work; the amount of wage or income lost claimed by you; and the name and address of your present employer if different. ANSWER TO INTERROGATORY NUMBER 7: No. Interrogatory number 8: State any and all other expenses or losses you claim as the result of the injuries you sustained in the occurrence alleged in the Complaint. ANSWER TO INTERROGATORY NUMBER 8: Broken/damaged cellular telephone and Bluetooth headset, expenses to recover towed pickup truck which was impounded without lawful authority. Interrogatory Number 9: Had you suffered any personal injury or prolonged, serious and/or chronic illness prior to the date of the occurrence? If so, state when and how you were injured and/or ill, where you were injured and/or ill, described the injuries and/or illness suffered, and state the name and address of ach [sic] physician, or other health care professional, hospital and/or clinic rendering you treatment for each injury and/or chronic illness. ANSWER TO INTERROGATYORY NUMBER 9: Plaintiff objects to Interrogatory Number 9 on the basis that this discovery request is both burdensome, oppressive and overbroad, as well as it seeks to discover Plaintiff’s medical history and/or treatment which is completely unrelated to the issues in this litigation in violation of Plaintiff’s constitutionally protected right to privacy under Article I Section I of the Illinois Constitution. Defendant requests information relating to “…any personal injury or prolonged, serious and/or chronic illness prior to the date…”, (emphasis mine) the scope and time requested by the Defendant implies answers which are beyond the scope, and irrelevant to, the substantive issues of the Complaint. Page 3 of 11

Interrogatory Number 10: Have you suffered any personal injury or prolonged, serious and/or chronic illness since the date of the occurrence? If so, state when and how you were injured and/or ill, where you were injured and/or ill, described [sic] the injuries and/or illness suffered, and state the name and address of ach [sic] physician, or other health care professional, hospital and/or clinic rendering you treatment for each injury and/or chronic illness. ANSWER TO INTERROGAYTORY NUMBER 10: Plaintiff objects to Interrogatory Number 10 on the basis that this discovery request is both burdensome, oppressive and overbroad, as well as it seeks to discover Plaintiff’s medical history and/or treatment which is completely unrelated to the issues in this litigation in violation of Plaintiff’s constitutionally protected right to privacy under Article I Section I of the Illinois Constitution. Defendant requests information relating to “…any personal injury or prolonged, serious and/or chronic illness prior to the date…”, (emphasis mine) the scope and time requested by the Defendant implies answers which are beyond the scope, and irrelevant to, the substantive issues of the Complaint. Interrogatory Number 11: State the names and addresses of any and all doctors or specialists you have consulted professionally in the last five years, and state the dates on which you consulted them and the reasons for your consultations. ANSWER TO INTERROGATORY NUMBER 11: Plaintiff objects to Interrogatory Number 11 on the basis that this discovery request is both burdensome, oppressive and overbroad, as well as it seeks to discover Plaintiff’s medical history and/or treatment which is completely unrelated to the issues in this litigation in violation of Plaintiff’s constitutionally protected right to privacy under Article I Section I of the Illinois Constitution. Defendant requests information relating to “…any and all doctors or specialists…”, (emphasis mine) the scope and time requested by the Defendant implies answers which are beyond the scope, and irrelevant to, the substantive issues of the Complaint. Interrogatory Number 12: State the name and address of your primary care doctor, medical group, or health care facility by whom or at which you were seen for any reason within the last ten (10) years. Page 4 of 11

ANSWER TO INTERROGATORY NUMBER 12: Plaintiff objects to Interrogatory Number 12 on the basis that this discovery request is both burdensome, oppressive and overbroad, as well as it seeks to discover Plaintiff’s medical history and/or treatment which is completely unrelated to the issues in this litigation in violation of Plaintiff’s constitutionally protected right to privacy under Article I Section I of the Illinois Constitution. Defendant requests information relating to “…at which you were seen for any reason within the last ten (10) years…”, (emphasis mine) the scope and time requested by the Defendant implies answers which are beyond the scope, and irrelevant, to the substantive issues of the Complaint. Interrogatory Number 13: Are you claiming any psychiatric, psychological and/or emotional injuries as a result of this occurrence? If so, state: The name of the psychiatric, psychological and/or emotional injury claimed, and the name and address of each psychiatrist, physician, psychologist, therapist, or other health care professional rendering you treatment for each injury; Whether you had suffered any psychiatric, psychological and/or emotional injury prior to the date of the occurrence, and, If you has suffered any psychiatric, psychological and/or emotional injury prior to the date of the occurrence, please state when and the nature of any psychiatric, psychological and/or emotional injury, and the name and address of each psychiatrist, physician, psychologist, therapist or other health care professional rendering the treatment for each injury. ANSWER TO INTERROGATORY NUMBER 13: Plaintiff claims to have suffered emotional injury resulting from extreme fear and anxiety resulting from the actions taken by the Defendants. Plaintiff has not sought treatment from, nor consulted with, any health care professional. For the remainder of Interrogatory Number 13, Plaintiff objects on the basis that this discovery request is both burdensome, oppressive and overbroad, as well as it seeks to discover Plaintiff’s medical history and/or treatment which is completely unrelated to the issues in this litigation in violation of Plaintiff’s constitutionally protected right to privacy under Article I Section I of the Illinois Constitution. Defendant requests information relating to “…any psychiatric, psychological and/or emotional injury…”, (emphasis mine) the scope and time requested by the Defendant implies answers which are beyond the scope, and irrelevant, to the substantive issues of the Complaint. Page 5 of 11

Interrogatory Number 14: Have you ever been convicted of a misdemeanor involving dishonesty, theft, false statement, deceptive practices, or a felony? If so, state the nature thereof, the date of the conviction, and the court and the caption in which the conviction occurred. For the purpose of this interrogatory, a plea of guilty shall be considered a conviction. ANSWER TO INTERROGATORY NUMBER 14: Plaintiff objects to Interrogatory Number 14 on the basis that it is irrelevant. Plaintiff’s history of convictions sought by the Defense is irrelevant to the subject matter of this Complaint, and the information sought is not reasonably calculated to lead to the discovery of admissible evidence. Interrogatory Number 15: State whether you have ever been a party to any personal injury or civil rights litigation at any other time. If so, identify the court in which said suit was filed; the caption and docket number of each suit; the date of filing of each suit; identify your interest in said suit; identify the nature of each suit; and identify the results of each such suit. ANSWER TO INTERROGATORY NUMBER 15: Plaintiff objects to Interrogatory Number 15 on the basis that it is burdensome, oppressive, and overbroad. This discovery request is so broad and unlimited as to time and scope as to be an unwarranted annoyance, embarrassment, and is oppressive. To comply with the request would be an undue burden and expense on the Plaintiff. Interrogatory Number 16: Have you, or anyone on your behalf, taken any statements from any witnesses to this occurrence? If yes, please state: the name and address of each of said witnesses; the date(s) of each of said statements of said witnesses; whether the statement was oral, recorded, and/or written; and, if recorded or written, the name and address of who presently has custody of said statement. ANSWER TO INTERROGATORY NUMBER 16: Plaintiff has taken an oral and written statement from Nancy McCoy who lives at 41 Grandview Drive, Collinsville, Illinois. Interrogatory Number 17: Were there any photographs taken of the scene of the occurrence, your injuries, or of any of the persons or instrumentalities involved? If so, state the date(s) on which Page 6 of 11

said photographs were taken, the subjects thereof, the photographs thereof, and the name and address of the individual who presently has possession of said photographs. ANSWER TO INTERROGATORY NUMBER 17: Several photographs were taken by the Fairview Heights Police Department upon arriving at the station on Bunkum Road. Photographs were of the Defendant for purposes of booking as well as other photographs of injuries. The name of the person taking the photographs is not known to the Plaintiff. These photographs were taken on February 17, 2009. It is the Plaintiff’s belief that the City of Fairview Heights is in possession of all photographs taken at the referenced date. There were photographs taken of both the scene of the occurrence, as well as Plaintiff’s injuries on February 17, 2009. Plaintiff’s injuries were photographed by Nancy McCoy and photographs of the scene were taken by the Plaintiff and witnessed by Nancy McCoy. Photographs of the Plaintiff were of injuries, damage to his personal property, and blood stains on his clothing. Photographs of the scene involve blood stains on pavement where Plaintiff was injured. There also were photographs taken by Nancy McCoy of the scene while both the Defendants and the Plaintiff were present. All photographs are in the possession of the Plaintiff as well as having been previously disclosed to Defendant’s counsel, Joshua Abern (jabern@okgc.com), via email with subject “Re: McCoy v. City of Fairview Heights Case No. 10-L-75” on May 19, 2009, with a link to a web page where photos are posted, which stated: “The url is http://markmccoy.com/FHPD/crime.html It is password protected, as I only allowed authorized people to view the information. Your login is: josh Your password is; abern. Interrogatory Number 18: Where you charged as a defendant in a criminal case as a result of this occurrence? If so, please state the court, the caption, the case number, the charge or charges filed against you, and the final disposition of each charge. ANSWER TO INTERROGATORY NUMBER 18: Plaintiff was charged with: Court: St. Clair County Circuit Court (All charges) Caption: People of the State of Illinois (All charges) Case Number/Charges: 1115419 – Resisting Peace Officer (Dismissed on order of Court), 1159155 – Fleeing/attempting to elude police (Dismissed on State’s Motion), 1159156 – No offense alleged on ticket, but checkmark by “NO VALID DRIVERS LICENSE” (Dismissed on order of Court), 1159157 – No offense alleged on ticket, but Page 7 of 11

checkmark by “OPERATING UNINSURED VEHICLE” (Dismissed on order of Court), 11591545 – No offense alleged on ticket, but checkmark by “IMPROPER LANE USAGE” (Dismissed on order of Court). Interrogatory Number 19: If the answer to Interrogatory the affirmative, state whether you retained an attorney represent you for said criminal charges and provide the address of that attorney and state the fee paid to said for your representation. 18 was n to name and attorney

ANSWER TO INTERROGATORY NUMBER 19: Plaintiff did not retain an attorney. Interrogatory Number 20: Did you make an oral and/or written complaint to any member of the City of Fairview Heights Police Department regarding your allegations of Officers Alemond or Nyman’s conduct at any time subsequent to the occurrence? If so, state the date on which said complaint was made, to whom said complaint or report was made, whether the complaint was oral or in writing, and if in writing, identify all individuals having a copy of said complaint. ANSWER TO complaint Police on Plaintiff complaint INTERROGATORY NUMBER 20: Yes, Plaintiff made a in writing to Nicholas J. Gailius, Assistant Chief of February 18, 2009 (to the best of my recollection) and has a photograph of the submitted, hand-written and believes Nicholas J. Gailius has a copy as well.

Interrogatory Number 21: Did you make an oral and/or written complaint to any other law enforcement agency or governmental entity regarding your allegations of Officers Alemond or Nyman’s conduct at any time subsequent to the occurrence? If so, state the date on which said complaint was made, to whom said complaint or report was made, whether the complaint was oral or in writing, and if in writing, identify all individuals having copy of said complaint. ANSWER TO INTERROGATORY NUMBER 21: Plaintiff made an oral and written complaint with the Federal Bureau of Investigation while meeting with Special Agent Mark Ranck from of the Springfield, Illinois Office of the FBI on March 4, 2009 at about 11:00am. The report/complaint consisted of oral statements taken by Mr. Ranck, as well as printouts from the Plaintiff’s website including Page 8 of 11

photographs. To Plaintiff’s knowledge, the Federal Bureau of Investigation is the only entity in possession of said report/complaint. Plaintiff had also made a report in the form of sworn criminal complaints consisting of both misdemeanor and felony charges against the Defendant’s Joshua Alemond and Aaron Nyman by attempting to file said criminal complaints with the Clerk of the Circuit Court in St. Clair County. Complaints were not accepted by the Clerk, but said reports/complaints do exist and have been brought to the attention of both the Circuit Court and Circuit Clerk while Plaintiff resolves issues on filing the criminal charges. Whether these constitute “complaints” for the purposes of this Interrogatory is unclear, but disclosed nevertheless. Interrogatory Number 22: Did you have any contact(s) with defendant or any of defendant’s police officers prior to the date of this occurrence? If so, please state the date upon which contact was had and the reason therefore. ANSWER TO INTERROGATORY NUMBER 22: Plaintiff has had contact with the Fairview Heights Police Department in the past, for issues unrelated to this matter and during such time so as to be moot and irrelevant to this Complaint. Plaintiff has had no contact otherwise within the context of this Interrogatory within the past five (5) years, to the best of my recollection. Interrogatory Number 23: Have you had any contact(s) with defendant or any of defendant’s police officers since the date of this occurrence? If so, please state the date upon which contact was had and the reason therefore. ANSWER TO INTERROGATORY NUMBER 23: Plaintiff has had contact with the defendant, The City of Fairview Heights, by way of visiting the Police Department for purposes of filing complaints, submitting and retrieving information pursuant to Freedom of Information Act requests, and associated discussions with Assistant Chief, Nicholas Gailius. Plaintiff has had no contact with any of defendant’s police officers. Interrogatory Number 24: Describe with specificity the conduct of each specific police officer of defendant which you claim caused you personal injury. ANSWER TO INTERROGATORY NUMBER 24: Joshua Alemond: By attempting Page 9 of 11

to place Plaintiff on the ground while restraining Plaintiff’s movement, placed Plaintiff off balance and in such a position which resulted in Plaintiff being susceptible to harm; striking the Plaintiff with fist and knee about the torso and back. Aaron Nyman: By dropping his bodyweight upon the head/back of the Plaintiff from a height, applying his bodyweight against Plaintiff’s neck, back, and head; and applying electric current by way of a “Taser” to the Plaintiff’s head and neck; applying blows to the Plaintiff’s torso and back with fist and knee. Joshua Alemond and Aaron Nyman: Neither officer allowed for medical attention while Plaintiff was confined and cuffed in police cruiser while suffering inability to breathe and irregular heartbeat and in fear of imminent death from injuries sustained, as well as being denied access to medical attention when requested. Interrogatory Number 25: List the names and addresses of all other persons (other than yourself and persons heretofore listed or specifically excluded) who have knowledge of the facts of said occurrences or of the injuries and damages following therefrom. ANSWER TO INTERROGATORY NUMBER 25: Plaintiff objects to Interrogatory Number 15 on the basis that it is burdensome, oppressive, and overbroad. This discovery request is so broad and unlimited as to scope as to be an unwarranted annoyance, embarrassment, and is oppressive. To comply with the request would be an undue burden and expense on the Plaintiff. Plaintiff would appreciate clarification on what constitutes “knowledge of the facts”. Plaintiff has shared information with a number of people including, but not limited to, prospective attorneys for representation, co-workers, friends, family members, and media. It is impossible for Plaintiff to provide a complete answer pursuant to this Interrogatory unless he be allowed to omit certain specifics of which he is not privy to, or be granted latitude as to generalize certain individuals.

WHEREFORE, Plaintiff hereby complies, to the best of his ability and with information at his disposal, to Defendant’s Discovery by way of Answers to Interrogatories, notwithstanding included Objections or forthcoming clarifications; and considering also references made herein to outside communication Page 10 of 11

between the Plaintiff and Defendant’s Attorney, Joshua Abern.

Page 11 of 11

Sign up to vote on this title
UsefulNot useful

Master Your Semester with Scribd & The New York Times

Special offer: Get 4 months of Scribd and The New York Times for just $1.87 per week!

Master Your Semester with a Special Offer from Scribd & The New York Times