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April 17, 2024

Civil Rights Lawsuit Against Shelby County, Sheriff, Sheriff Employees and ACH Advances in Federal Court

By Kirk Allen & John Kraft

On March 9, 2023

Shelby Co. (ECWd) –

The Federal lawsuit brought by Nicholas Banning has been amended for the third time (click here for a copy of the third amended complaint) and includes the following named defendants.

SHELBY COUNTY, SHELBY COUNTY, SHERIFF BRIAN MCREYNOLDS, DON, KOONCE, ADVANCED CORRECTIONAL, HEALTHCARE, INC., CWENTON WILLIAMS, TONYA ATTEBERRY, DEVON DURBIN, MEGAN WARNER, MELISSA HAYNES, BRANDON GATTON, CHRIS ZAKOWSKI, DAINE BURKHEAD, KELLY ADAMS, and JACQUELINE CLAYTON.

We first reported on this case in May of 2021 in this article and then followed up with this article in May 2022.

The law firm of HEYL ROYSTER VOELKER & ALLEN in Champaign County is representing the county defendants instead of the State’s Attorney, however, we have been unable to obtain any court appointment of that firm.

The case has moved forward with the defendant’s motions to dismiss portions of the case all being denied as found in the Court’s Order at this link.

County defendants were noticed for depositions to take place late last year according to the filed notice found at this link.

A copy of the county’s answer to the Third Amended Complaint can be found at this link.  We urge everyone to read the answer as numerous admissions may become very problematic for the county as this case moves forward.

A copy of ACH’s answer to the third amended complaint can be found at this link.

A trial date is to be set during the scheduled May 2023 status conference.

Banning Third Amended Complaint

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3 Comments
  • Sgt. Joe Friday (LAPD Ret.)
    Posted at 15:00h, 09 March

    As I say…”GETCHUR checkbooks out!” This is gonna be a doozy!

    • Kirk Allen & John Kraft
      Posted at 16:27h, 09 March

      Yep, this one is a loser in my opinion. The County Insurance will be cutting a huge check before this is over with.

  • Justice Seeker
    Posted at 16:11h, 10 March

    So taxpayers get another kick in the wallet. When the settlement comes down, it will affect the renewal of the insurance policy which taxpayers will be on the hook for. NO policy or training nor any concern for human life! Nice! Same sheriff had no policy over payroll and employees were paid for time they did not work and taxpayers got to pay for that as well. Same sheriff had no regard for the union contract and did whatever he wanted and that violated the contract. Taxpayers got to pay the bill for that forensic audit and the then state’s attorney refused to secure legal counsel for the board to settle those issues. Seems to me that Sheriff Koonce had one concern……self and cronies. Would be kinda scary to be a taxpayer in Shelby county because the chickens are coming home to roost. Too many years of self-serving elected officials who went unchecked by other corrupt public officials. No wonder so many have been scared of outsiders coming in. Stay tuned but get your wallet out if you live in Shelby county. After you pay up remember…….elections have consequences.

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