Edgar Co. (ECWd) -
In a 33-page Summary Judgment decision, the United States District Court, Central District of Illinois, Urbana Division, found Edgar County Deputy Dee Burgin and Sheriff Jeff Wood liable in 9 Counts brought against them by Edgar County resident Charles F. Barrett.
We published the original Complaint in 2017 (here).
As the Court's ruling applies to Burgin, "Judgment is entered in favor of Plaintiff and against Defendant Burgin as to liability on the following claims:"
a. Fourth Amendment unlawful entry.
b. Fourth Amendment unreasonable seizure.
c. Fourth Amendment unreasonable force.
d. State law assault.
e. State law battery.
f. State law trespass
As the Court's ruling applies to Wood, "Judgment is further GRANTED in favor of Plaintiff and against Defendant Wood as to respondeat superior liability on the following claims:"
a. State law assault.
b. State law battery.
c. State law trespass
There were three other claims denied under Summary Judgement and set for trial. "Judgment in favor of Plaintiff as to liability is DENIED as to all Defendants on the following claims:
a. First Amendment retaliation.
b. State law intentional infliction of emotional distress.
c. Illinois Civil Rights Act of 2006 coerced confession.
"This case remains set for a final pretrial conference on February 3, 2020, at 11:30 a.m. and jury selection and jury trial on February 25, 2020, at 9:00 a.m., both in Courtroom A in Urbana. ENTERED this 26th day of September 2019"
Once again, the taxpayers of Edgar County will be the ones paying for the bad actions of Dee Burgin. While he continues to have Federal Courts rule that he violates people's constitutional rights, our local criminal justice system has failed to criminally charge him with Official Misconduct.
It is clear, Burgin is a liability to this county and we call on the State's Attorney to seek a special prosecutor to investigate the potential criminal charge of Official Misconduct (for the assault, battery, and trespass) by Burgin.
Anything short of his removal as a law enforcement officer is unacceptable in our opinion. We urge those who agree to contact the State's Attorney and applicable County Board representative and demand justice. Considering every County Board meeting they stand before the Flag and state the Pledge of Allegiance to our Flag, we remind them of the last three words of that pledge, "Justice for All".
The citizens of Edgar County demand justice, as the ongoing liability of Dee Burgin having the power of a badge must stop.
A copy of the Summary Judgement can be downloaded at this link or viewed below.