Lovelace Case

Responses to Lovelace lawsuit filed by Quincy, Adams County

By Herald-Whig
Posted: Jun. 14, 2017 10:35 am Updated: Jun. 14, 2017 1:34 pm

QUINCY -- Initial responses have been filed by attorneys representing the city of Quincy and Adams County in the federal civil rights lawsuit filed by Curtis Lovelace after he was found not guilty of first-degree murder in connection with the death of his first wife, Cory Lovelace.

The 11-count lawsuit filed May 5 alleges that Curtis Lovelace was deprived due process in the case and was the subject of malicious prosecution as well as deprived of his constitutional rights.

Responses were due Tuesday.

James Hansen of Schmiedeskamp, Robertson, Neu & Mitchell LLP responded on behalf of Adams County State's Attorney Gary Farha, Coroner Jim Keller and the county as a whole.

The response said that Farha and Keller are "provided absolute immunity" in the performance of the functions of the judicial system. It also says they would be protected from liability if their acts were performed within their official discretion.

Elizabeth Barton, one of the attorneys representing the city of Quincy and who is with the Chicago law firm Ancel, Glink, Diamond, Bush, DiCianni and Krafthefer PC, filed a motion seeking an additional 28 days to respond to the suit. The firm is representing the city, Quincy police Detective Adam Gibson, Chief Rob Copley, Sgt. John Summers, Detective Anjanette Biswell and unknown Quincy police officers.

Lovelace, a former Adams County assistant state's attorney and former Quincy School Board president, was acquitted by a Sangamon County jury on March 10. An Adams County jury couldn't reach a verdict after two days of deliberations in February 2016.

Also parties in the suit are Lovelace's sons Logan and Lincoln and his wife, Christine, on behalf of minor son Larson. The suit does not specify a monetary amount the Lovelaces are seeking.

Also Tuesday, Judge Bob Hardwick ruled that Lovelace be declared indigent for the purpose of his appeal and that he will be provided with a free transcript of proceedings. Lovelace is appealing an April bond ruling to recoup a $35,000 bond fee. Lovelace was freed from the Hancock County Jail in June 2016 after $350,000 was posted on his behalf.

Court records also show that Hardwick ruled that Lovelace would be provided transcripts of the Feb. 27 closed pretrial proceedings. The transcripts were requested as part of the federal litigation.