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October 20, 2025

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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