Ruling due on Furstenau exam

CHICAGO — A federal judge will likely rule next month on the city of Naperville's request that Councilman Richard R. Furstenau be made to undergo a mental examination as part of his ongoing civil rights lawsuit.

U.S. Magistrate Judge Geraldine Soat Brown on Thursday established a "briefing schedule" for lawyers representing Furstenau and the city. Shawn M. Collins, Furstenau's attorney, said Brown is expected to decide Feb. 5 whether the mental exam should be ordered.

Terrence Sheahan, the attorney representing the city, previously filed a motion to compel Furstenau to undergo the evaluation after a request that he do so was rejected.

Furstenau's lawsuit claims in part he suffered emotional distress after being arrested for the alleged Jan. 1, 2006, battery of Naperville police officer Michael Hull prior to a parade commemorating the city's 175th anniversary of incorporation.

He was accused of shoving Hull with the back of his hand during a dispute near the parade route. Furstenau was acquitted of the misdemeanor charge in May 2007.

Sheahan and the city maintain a mental exam is the "only mechanism" available for determining whether or not Furstenau sustained emotional distress as a result of the incident.