Council wants Furstenau mental exam

A motion by the city of Naperville to compel Councilman Richard Furstenau to undergo a mental examination as part of his federal civil rights lawsuit against city officials has prompted the councilman's attorney to say the motion "looks like harassment."

"I was surprised with what I believe is the abusive character of it," attorney Shawn Collins said. "This is something we've been litigating for over a year. It was only a week and a half ago — 14 months into the case — that the city first raised it."

Terrence Sheahan, attorney for the city, recently filed a motion to require Furstenau to undergo the evaluation after a request for an exam was refused. He said such an exam is the "only mechanism" by which it can be determined if Furstenau sustained the emotional distress as a result of the incident. If Furstenau is willing to drop his claim alleging severe emotional damages "we certainly wouldn't pursue a mental exam because there wouldn't be need for one," Sheahan said.

Furstenau, a veteran City Council member, was arrested concerning an incident Jan. 1, 2006, on Chicago Avenue near the city's downtown, at the start of the parade commemorating Naperville's 175th anniversary of incorporation. He was accused of shoving Naperville police officer Michael Hull with the back of his hand in a dispute over cars being towed near the parade route. He was acquitted in the case in May 2007.

Furstenau's suit, filed five months later, contends police and city officials "mounted an orchestrated campaign to jail, silence and politically destroy" him because of positions he has taken while serving on the council, including his questions about police department spending.

On Dec. 29, the city was cleared of liability in the case, but Police Chief David Dial remains a defendant in the lawsuit, as do police officers Hull and Michael Cross and others.

Collins said the exam is "completely unwarranted" because Furstenau is not claiming psychiatric injury in the case. Collins said they do not plan to have any medical witnesses, and that he is surprised the city would want to spend money on the exam.

"I completely disagree," Sheahan said. "It's rather routine when a plaintiff makes such outlandish allegations of severe emotional distress."

Sheahan said Furstenau had previously indicated he would not be seeking such damages, but then just before the close of discovery decided to pursue the emotional distress claims. He said if there is any "tomfoolery," taking place, "it would be on the part of Mr. Furstenau."

The case is due in court Thursday morning for a status hearing.