Crowder

The verdict is in and plaintiff Stephen Rose will walk away from his three-year fight with the City of Madison and one of its police officers with more than $100,000.

Rose had sued the city and Sgt. Neal Mize for defamation and malicious prosecution stemming from his 2006 arrest for multiple felonies while on duty as a security guard. Rose had argued during trial in Madison County Circuit Court that the arrest was in retaliation for witnessing Madison police officers allegedly beat someone earlier.

The jury found for Rose on both the malicious prosecution and defamation counts after eight hours of deliberations Friday. Rose was awarded $119,450 for the malicious prosecution count. He was not awarded damages for the defamation charge.

The $119,450 includes $40,000 for Rose's emotional distress, $60,000 for the loss of his reputation, and more than $15,000 in lost wages.

The jury also awarded Rose $4,000 for his attorneys' fees during his criminal defense and $150 for the towing fee on his vehicle.
Rose said that, although he was happy to win the case it didn't bring complete closure.

"I feel mostly vindicated," Rose said.

Rose and Donna Morrison Polinske, acting in place of her husband, Brian, as Rose's attorney, said that even with the verdict in his favor, the events that caused the suit had damaged Rose's mental state and reputation irreparably.

Rose's suit stems from an incident in June 2006. Rose, working as a security guard at the Pilot Truck Stop in Madison, apprehended a woman acting as a prostitute and a man with crack cocaine. He called the Madison police and was subsequently arrested for impersonating a police officer, multiple felony weapons and other charges.

All charges against Rose were dropped by the St. Clair County State's Attorney.

During the trial, Rose and his attorney, Brian Polinske, argued that Mize and by extension Madison, had been malicious in arresting Rose and by sending documents detailing the arrest to his employer and others. Rose argued that these actions caused him to lose his job and caused him pain and distress.

Madison offered an affirmative defense, arguing that the Mize's actions were covered by state law and that he had reasonable cause to arrest Rose. Defense attorney James Craney pointed to the fact Rose had three guns, a switchblade, police hats and other equipment in his car as well as the fact he was not wearing the correct uniform at the time of his arrest. Craney also questioned the testimony of witnesses who said Mize had threatened them over the incident and whether Rose really witnessed the alleged beating he claimed.

Neither Craney nor Mize had comment after the verdict.

Another Madison police officer, Curtis Bradley, had been named as a defendant in the original suit but was granted a summary judgment in April.

Madison Circuit Judge Barbara Crowder presided.

The case is Madison case number 06-L-733.