Naperville officials added to Furstenau's suit
Burchard, city attorney, police officer are named
Councilman Richard Furstenau has added former City Manager Peter Burchard, city attorney Margo Ely and Naperville police officer Joe Matchett as defendants in his federal court civil rights lawsuit.
"Beginning no later than January 2006, and continuing to today, the defendants have mounted an orchestrated campaign to jail, silence and politically destroy plaintiff Richard R. Furstenau because of the positions he has taken as a Naperville city councilman, and more recently in blatant retaliation for his filing of this civil rights lawsuit," the amended complaint reads.
It continued: "They have falsely arrested him; sabotaged his run for state Senate; circulated false information to the press and public; threatened his political supporters by telling them that the City Council would not approve their business projects; tried to pressure him with public 'censure;' and have even spent city resources to research and investigate how to remove him from the public office to which he was elected by the people of Naperville just eight months ago."
The suit was originally filed claiming that Furstenau's 2006 arrest for allegedly hitting a police officer was a way to get back at him for speaking out about Naperville Police Department spending practices. Furstenau was acquitted of all charges in May of this year. Initial defendants named in the suit were the city, Police Chief David Dial and officers Michael Cross and Michael Hull.
"It is very disappointing to witness how this city's so-called leaders have behaved since Dick Furstenau filed his lawsuit," said Shawn Collins, Furstenau's attorney. "We will not sit idly by as these people try to use the city's good name in reckless pursuit of the destruction of Dick Furstenau. If they keep it up, we will add further defendants and allegations to the lawsuit. We will ask a federal judge and jury to hold them accountable."
The suit claims Burchard's open letter of Nov. 30, in which the former city manager outlined instances of alleged mistreatment and misuse of power on Furstenau's part in dealings with city staff, defamed the three-term councilman by blasting him for instances dating back to 2003.
"As it respected Furstenau's allegations against the Naperville Police on New Year's Day 2006, Burchard's 'open letter' contained a false and defamatory story concocted by Burchard that Furstenau had admitted to Burchard that he (Furstenau) 'may have tapped Officer Hull,'" the amended complaint reads. "Burchard's 'open letter' went on to level further false, defamatory and exaggerated charges against Furstenau. The fact of the matter is that Burchard, in concert with others, used the 'open letter' to smear and punish Furstenau for the filing of this lawsuit."
"My goal is to honor the city of Naperville by telling the truth," Burchard said Thursday. "His goal is different."
"The allegation that Margo would threaten any business people is completely preposterous and recklessly untrue," said Jim Sotos, the attorney representing Ely and the officers named in the suit. "It's not surprising the lawsuit doesn't name any names. It's an epilogue of worthless attacks and innuendo that reads like a fairy tale."
Matchett, who serves as president of the Fraternal Order of Police Lodge No. 42 and who recently penned an open document supporting Burchard's letter and calling for the councilman's resignation, was named in the suit for writing such a note that included reference to the January 2006 incident.
"We live in a litigious society," Matchett said Thursday. "The truth is the truth. Facts are facts. It's not personal."
The amended suit also now claims recent events at City Council meetings have further violated Furstenau's civil rights. The closed session held before the Dec. 4 meeting, according to the suit, is said to have dealt with not only the lawsuit, but also the discussion of a censure resolution against Furstenau. The suit said Furstenau was not at that session because of the litigation being discussed, but should have been if the censure issue came up then.
Contact Kate Houlihan at khoulihan@scn1.com or 630-416-5224.
