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1IN THE CIRCUIT COURT

TWENTIETH JUDICIAL CIRCUIT


ST. CLAIR COUNTY, ILLINOIS

Mark R. McCoy, )
)
Plaintiff, )
)
-VS- )
) Case No. 10 L 75
CITY OF FAIRVIEW HEIGHTS, a )
municipal corporation, JOSHUA )
ALEMOND, and AARON NYMAN )
)
Defendants. )

PLAINTIFFS ANSWERS TO DEFENDANTS FIRST REQUEST TO PRODUCE

NOW comes the Plaintiff, Mark R. McCoy, and hereby submits


his answers to Defendants First Request to Produce propounded
upon him by Defendant, Aaron Nyman, as follows:

REQUEST TO PRODUCE

Number 1: All documents which record, refer to, discuss, or


analyze any occasions of questioning, arrest and/or detention
Plaintiff had with any and all City police officers, other City
Police Department personnel and/or City on February 17, 2009.

ANSWER TO NUMBER 1: At the present, all information relating to


the Occurrence is posted to web pages identified as:
http://markmccoy.com/excessiveforce.html
http://markmccoy.com/FHPD/crime.html login: josh pass: abern
as well as on enclosed DVD titled Discovery 10-L-75.

Number 2: All documents which record, refer to, discuss or


analyze any occasions of questioning, arrest and/or detention
Plaintiff has had with any and all City police officers or other
City Police Department personnel at any and all times before or
after the incident alleged by the complaint to have occurred on
February 17, 2009.

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ANSWER TO NUMBER 2: At the present, all information relating to
the Occurrence is posted to web pages identified as:
http://markmccoy.com/excessiveforce.html
http://markmccoy.com/FHPD/crime.html login: josh pass: abern
as well as on enclosed DVD titled Discovery 10-L-75.

Number 3: All documents which record, refer to, discuss or


analyze the Incident alleged by Plaintiff to have occurred on
February 17, 2009.

ANSWER TO NUMBER 3: At the present, all information relating to


the Occurrence is posted to web pages identified as:
http://markmccoy.com/excessiveforce.html
http://markmccoy.com/FHPD/crime.html login: josh pass: abern
as well as on enclosed DVD titled Discovery 10-L-75.

Number 4: All written statements by any person who claims to be


a witness to any of the occurrences that are the subject of
Plaintiffs Complaint.

ANSWER TO NUMBER 4: None.

Number 5: Any and all documents pertaining to Plaintiffs


criminal history, federal or state, including records related to
any convictions or arrests.

ANSWER TO NUMBER 5: Plaintiff objects to Number 5 on the basis


that it is irrelevant. Plaintiffs criminal history 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.

Number 6: All documents relating to, or which support, reflect or


evidence any damages or other monetary relief claimed by
Plaintiff or any calculations of damages or other monetary relief
claimed by Plaintiff.

ANSWER TO NUMBER 6: At the present, all information relating to


the Occurrence is posted to web pages identified as:
http://markmccoy.com/excessiveforce.html
http://markmccoy.com/FHPD/crime.html login: josh pass: abern

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as well as on enclosed DVD titled Discovery 10-L-75.

Plaintiff is in the process of gathering actual receipts for


damaged or destroyed items and will supplement this request with
those documents once retrieved.

Number 7: Any and all documents, including bills for services


received that relate to any and all medical treatment Plaintiff
received and/or continues to receive for any physical or
emotional injury that Plaintiff purportedly sustained as a result
of the alleged February 17, 2009 incident.

ANSWER TO NUMBER 7: At the present, all information relating to


the Occurrence is posted to web pages identified as:
http://markmccoy.com/excessiveforce.html
http://markmccoy.com/FHPD/crime.html login: josh pass: abern
Plaintiff is in the process of gathering actual receipts for
damaged or destroyed items and will supplement this request with
those documents once retrieved.

Number 8: If you are claiming mental injury, any and all


documents, including bills for services received, that relate to
any and all psychiatric, psychological and/or emotional injuries
or treatment Plaintiff received and/or continues to receive for
any psychological and/or emotional injury for the past ten years.

ANSWER TO NUMBER 8: None.

Number 9: Any and all documents, photographs, videotapes or other


visual records of Plaintiffs alleged physical injuries as a
result of the alleged incident on February 17, 2009.

ANSWER TO NUMBER 9: At the present, all information relating to


the Occurrence is posted to web pages identified as:
http://markmccoy.com/excessiveforce.html
http://markmccoy.com/FHPD/crime.html login: josh pass: abern
as well as on enclosed DVD titled Discovery 10-L-75.

Number 10: Any and all documents or complaints made by you or


anyone acting on your behalf to the City concerning the events
described in your Complaint.

ANSWER TO NUMBER 10: Photograph taken by Plaintiff of handwritten


complaint made to Fairview Heights Police Department is on

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enclosed DVD titled Discovery 10-L-75.

Number 11: Any and all documents or complaints made by you or


anyone acting on your behalf to any state or federal agency
concerning the events described in your Complaint.

ANSWER TO NUMBER 10: At the present, all information relating to


the Occurrence is posted to web pages identified as:
http://markmccoy.com/excessiveforce.html
http://markmccoy.com/FHPD/crime.html login: josh pass: abern
as well as on enclosed DVD titled Discovery 10-L-75.

It was information posted on http://markmccoy.com/FHPD/crime.html


which was printed out and given to such agencies but no copy or
other tangible copies are in possession of Plaintiff.

Number 12: Any and all documents identified in your answer to any
of the Defendants Interrogatories or support any of your answers
to interrogatories.

ANSWER TO NUMBER 12: Any and all documents are on enclosed DVD
titled Discovery 10-L-75.

Number 13: Any and all documents related to any civil suits
involving Plaintiff, other than this case, either disposed of or
ongoing.

ANSWER TO NUMBER 13: Plaintiff objects to Number 5 on the basis


that it is irrelevant. Plaintiffs civil litigation history 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.

Number 14: All documents that Plaintiff intends to us as an


exhibit, demonstrative or otherwise, at trial.

ANSWER TO NUMBER 14: Items as identified at


http://markmccoy.com/FHPD/crime.html under the heading: Items
Discovered During Search Subsequent To Arrest, as well as
documents found here:
http://markmccoy.com/FHPD/Police%20report%20on%20arrest%20Feb.
%2017%202009.pdf

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http://markmccoy.com/FHPD/Alemond%20Charges%20Trimmed.pdf
http://markmccoy.com/FHPD/injuryphotos.html
http://markmccoy.com/declaration.html
as well as on enclosed DVD titled Discovery 10-L-75.

Number 15: All documents indicating or describing the


qualifications of any expert that Plaintiff expects to call as a
witness.

ANSWER TO NUMBER 15: None at this time.

Number 16: All documents containing, relating to, or which


otherwise reference or show any authority that any expert that
Plaintiff expects to call as a witness has considered or relied
upon in connection with any opinion that an expert has given, or
expects to give, about which the witness expects to testify in
this case.

ANSWER TO NUMBER 16: None at this time.

Number 17: Any and all investigators notes, memoranda, or


reports concerning oral statements of, or interviews or
conversations with, any persons present immediately before, at
the time of, or immediately after any of the incidents of
excessive force, discrimination, harassment or retaliation that
you complain of, or of any witness (excepting only those matters
for which a recognized, applicable privilege from disclosure
would apply).

ANSWER TO NUMBER 17: None at this time.

Number 18: All diaries or notes purporting to record or


memorialize any of the occurrences which are the subject of
Plaintiffs complaint or injuries claimed by Plaintiff.

ANSWER TO NUMBER 18: At the present, all information relating to


the Occurrence is posted to web pages identified as:
http://markmccoy.com/excessiveforce.html
http://markmccoy.com/FHPD/crime.html login: josh pass: abern
as well as on enclosed DVD titled Discovery 10-L-75.

Number 19: Reports, summaries of findings, or any and all other


documents generated by an expert witness regarding this incident.

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ANSWER TO NUMBER 19: None at this time.

Number 20: Retainer contracts, correspondence, memoranda of


agreements, or any and all other written documents which evidence
the basis of payment for the services of any expert witness.

ANSWER TO NUMBER 20: None at this time.

Number 21: All documents submitted by Plaintiff to such expert.

Answer to Number 21: None at this time.

Number 22: If Plaintiff is seeking lost wages, copies of your


United States and State Income Tax Returns for the years 2004
through and including the return required by law to have been
filed most recently (as of the date of compliance with this
production request). Include in your production all forms,
schedules, and attachments filed with said tax returns,
including, but not limited to, all W-2 Forms, Schedules A. B, C,
D, and E, and any other documentation filed with the appropriate
government agency at the time of filing said forms.

ANSWER TO NUMBER 22: Plaintiff is not seeking lost wages.

Number 23: Police reports, criminal court records and all


documents pertaining to any other incident involving Plaintiff
and a law enforcement agency.

ANSWER TO NUMBER 23: Plaintiff objects to Number 23 on the basis


that it is irrelevant. Plaintiffs involvement with other law
enforcement agencies 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.

Number 24: All documents supporting any lost wage claim.

ANSWER TO NUMBER 24: None.

Number 25: All audio or video recordings of the incident.

Answer to Number 25: Plaintiff is enclosing a DVD which contains


files provided to Plaintiff by way of disclosure pursuant to
Federal Rules of Criminal Procedure; of which is video and audio

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from the dashboard recorders from police cruisers driven by
Defendants Joshua Alemond and Aaron Nyman. Copies of dashboard
video is included on enclosed DVD titled Discovery 10-L-75.

WHEREFORE, Plaintiff hereby complies, to the best of his


ability and with information at his disposal, to Defendants
Discovery by way of Answers to Defendants Fist Request to
Produce, notwithstanding included Objections or forthcoming
clarifications.

Mark McCoy, Plaintiff

Date

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ATTESTATION

STATE OF ILLINOIS )

)SS.

COUNTY OF ST. CLAIR )

Mark McCoy, being first duly sworn on oath, deposes and states
that he is a Plaintiff in the above-captioned matter; that he has
read the foregoing document, and the answers made herein are
true, correct and complete to the best of his knowledge and
belief.

SIGNATURE

SUBSCRIBED and SWORN to before me on this

day of , 2010.

NOTARY PUBLIC

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STATE OF ILLINOIS )
) SS
COUNTY OF ST. CLAIR )

CERTIFICATE OF SERVICE

I, the undersigned, on oath state that I served the forgoing Plaintiffs Answers to
Defendants First Request to Produce for Case No.: 10 L 75 to the following person(s):

Julie A. Bruch
Joshua S. Abern
OHalloran Kosoff Geitner & Cook, LLC
650 Dundee Road, Suite 475
Northbrook, Illinois 60062

and

Dawn A. Sallerson
Hinshaw & Culbertson, LLP
521 West Main Street, Suite 300
Belleville, Illinois 62222

and

Clerk of the Circuit Court


St. Clair County Courthouse
10 Public Square
Belleville, Illinois 62220

via U.S. Mail by placing true and correct copies of the same in an envelope(s) addressed as set
forth above and entrusting the receipt and care of said envelope(s) with a desk clerk at the U.S.
Post Office in Collinsville, Illinois, 62234 on May 26, 2010.

Mark R. McCoy, Plaintiff

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