SPRINGFIELD, Ill. -- Both the city of Quincy and Adams County have filed for summary judgments in the federal civil rights lawsuit filed by Curtis Lovelace and his family.
Filed separately Monday, the county asks that a summary judgment be issued in all counts saying that no evidence has been presented that "creates a genuine issue of material fact" in the case.
The city of Quincy also asked for summary judgment on all but two counts.
Responses to the motions are due by July 29. The case is set for trial on Oct. 15.
Filed in May 2017, the lawsuit alleges that Lovelace was deprived of due process, was the subject of malicious prosecution and was deprived of his constitutional rights when he was tried twice on charges alleging that he killed his first wife, Cory, in 2006. He was found not guilty of first-degree murder by a Sangamon County jury March 10, 2017, in Cory Lovelace's death. A mistrial was declared during the first trial in February 2016, after an Adams County jury was unable to reach a verdict after two days of deliberations.
Named in the lawsuit are the city of Quincy, Quincy Police Department Detective Adam Gibson, Police Chief Rob Copley, Sgt. John Summers, Detective Anjanette Biswell and unknown Quincy police officers. It also names Adams County State's Attorney Gary Farha and former Coroner Jim Keller.
The city is not seeking a summary judgment on two counts involving Lovelace's sons Logan, Lincoln and Larson, which alleged they were unlawfully detained by the Quincy Police Department.
However, the city's motion notes that attorneys for the Lovelaces indicated to city attorneys that they will voluntarily dismiss Biswell from the case.
Also this week, Judge Sue Myerscough denied a motion to recuse herself from the case. The city and county filed a joint motion asking Myerscough to recuse herself from the case after she disclosed that her daughter had been hired by the Exoneration Project at the University of Chicago, which represented Lovelace in the second trial.