1IN THE CIRCUIT COURT

TWENTIETH JUDICIAL CIRCUIT

ST. CLAIR COUNTY, ILLINOIS

Mark R. McCoy, )
)
Plaintiff, )
)
-VS- )
) Case No.: 10 L 75
CITY OF FAIRVIEW HEIGHTS, a )
municipal corporation, JOSHUA )
ALEMOND, and AARON NYMAN )
)
Defendants. )

PLAINTIFFS INTERROGATORIES TO DEFENDANT, JOSHUA ALEMOND

Plaintiff, Mark R. McCoy, propounds the following

interrogatories to be answered by Plaintiff within 28 days

pursuant to Supreme Court Rule 213(d) and seasonably supplemented

or amended pursuant to Rule 213(i) as additional information

becomes known.

DEFINITIONS

1. As used herein, the word Plaintiff refers to the

Plaintiff, Mark McCoy.

2. As used herein, the word Defendant refers to the

Defendant, Joshua Alemond.

3. As used herein, the word complaint refers to the

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 complaint filed by the Plaintiff in this action.

4. As used herein, the date of occurrence refers to

February 17, 2009.

5. As used herein, occurrence refers to the events as

described in Plaintiffs Complaint, including any
subsequent amendments made thereto, that took place on
February 17, 2009.

6. As used herein, Police Department refers to the entity

commonly known as Fairview Heights Police Department,
located at 10027 Bunkum Road, Fairview Heights, Illinois
62208, and which employs Defendants Joshua Alemond and
Aaron Nyman, and should, for the purposes of this
Discovery, be considered inclusive of any reference to the
Defendant, the City of Fairview Heights.

7. As used herein, the words website, webpage, web

site, web address, link, url, blog, or site
shall include any type of information, record, document,
media, or any other type of document or record accessible
via a computer network and displayed to the user of that
network through the use of a computer program or
application commonly referred to as a web browser and
considered as performing the same functions as such
programs and/or applications as Microsoft Internet
Explorer.

8. As used herein, the word view, viewed, views, or

viewing, when used in an Interrogatory wherein a
reference to a web page, website, web address, link, or
url is made shall include accessing, observing or viewing
information in a web browser or browser, such as Internet
Explorer, Mozilla Firefox, Opera, Google Chrome, or other
facility whereby text and images are received over a
computer network and visually displayed to the user of
that device.

9. As used herein, Plaintiffs Declaration refers to a

document titled, Public Declaration of Sovereignty,
Expatriation, and Dissolution of all Previous National and
Political Allegiance, signed by Mark McCoy, and which was
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 filed with the St. Clair County Recorder of Deeds on Jan.
4, 2008, and which bears the Letter Number A02084317.

10. As used herein, the use of any noun in the singular

context also embraces and includes (if applicable) the
plural context.

11. As used herein, the phrase any knowledge of refers to

having seen, heard, touched, recognized, or otherwise have
been exposed to in any way through any physical faculty or
sense either directly or indirectly and embraces or
includes such other common words as aware, informed, or
recognize.

12. As used herein, the word record records or recording

includes, but is not limited to mechanical or electronic
recordings involving video, audio (or combination thereof)
documents (be they tangible or electronic), photographs
(be they digital or tangible), memoranda, reports,
transcripts, electronic mail (email), bulletins,
pamphlets, or any other printed communication (whether by
mechanical or electronic process), as well as all common
means, methods, or habits of preserving or memorializing
present-day communication.

13. As used herein, the word documents shall have the same
meaning ascribed in Illinois Supreme Court Rule 201(b)(1)
as well as manuals, pamphlets, bulletins, notices,
reports, video and/or photographic slides, presentations
(whether digital or otherwise), or any other type of
handwritten, typed, or electronic communication.

14. As used herein, the word rights shall mean Natural

Rights, inherent rights, inalienable rights (as such may
be referenced in Article I, Section I of the Constitution
of the State of Illinois), unalienable rights (as such may
be referenced in the Declaration of Independence), as well
as the power and authority to act autonomously and
peaceably; and which does not include or embrace Civil
Rights, privileges, legal rights, permissions, or other
liberties created or derived by any legislative or legal
construct.

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15. As used herein, the word privilege shall mean
legislative or legal constructs which extend to licenses,
permits, registrations, benefits, or other permission to
do things not otherwise enjoyed or exercised as rights,
and for which an associated duty, obligation, or fee may
apply.

16. As used herein, the word self-defense shall mean the

Natural Right to protect ones self from bodily harm or
death as well as all reasonable actions and measures
chosen or otherwise necessary to facilitate or further
such ends.

17. As used herein, the phrase under arrest shall mean the
time frame, as well as any and all involvement, whether
directly or indirectly, beginning with the Defendants
first observation, awareness, or knowledge of the
Plaintiff arising on the date of the occurrence and
terminating upon the Plaintiff being physically removed
from the police cruiser driven by the Defendant upon
arrival at the Police Department.

18. As used herein, the word incarcerated shall mean the

time frame, as well as any and all involvement, whether
directly or indirectly, beginning with the Plaintiff being
physically removed from the police cruiser driven by the
Defendant upon arrival at the Police Department, and
terminating upon the release of the Plaintiff and his
leaving the premises of the Police Department.

19. As used herein, the term reasonable suspicion shall have

the same meaning ascribed in Terry v. Ohio, 392 U.S. 1
(1968).

20. As used herein, the term probable cause shall mean a

reasonable belief that a person has committed a crime as
well as a reasonable amount of suspicion, supported by
circumstances sufficiently strong to justify a prudent and
cautious persons belief that certain facts are probably
true.

21. As used herein, the words crime and criminal act shall
include misdemeanors and felonies consisting of acts of
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 violence, property damage, theft, fraud, or deceit
cognizable to the Common Law, as well as Criminal Offenses
involving acts of violence, property damage, theft, fraud,
or deceit found at 720 ILCS 5/ et. seq.

22. As used herein, the word offense shall mean any charge
made by any governmental body for which a penalty or fine
of any kind is imposed for its violation or failure to
comply, and for which there is no party claiming a
demonstrable and evident harm or loss which is supported
by sworn and verified oath or affidavit, and which shall
include that which are strictly administrative or civil in
nature, and which are NOT crimes or criminal acts.

23. As used herein, the word contact shall mean any and all
methods of verbal, written, or visual communication
between the Defendant, directly, and any other individual,
person, or party receiving, exchanging, or responding to
said communication; and which includes documents and
records.

24. As used herein, the word training shall mean schooling,

education, instruction, continuing education, direction,
or other formal method of learning (be it academic,
technical, vocational, or otherwise) and recognized,
promulgated, or required as a condition for performing any
duties or exercising such powers as are common to that of
a police officer.

25. As used herein, the words strike and blow shall mean
to deliver with force of any kind, contact with any part
of the Plaintiffs body or extension thereof by whatever
means or device by, including but not limited to punching,
kicking, kneeing, shoving, pushing, or any other movement
purposefully and voluntarily initiated by the Defendant
for the purpose of subduing, controlling, confining, or in
any other way inflicting pain or physical or mental
incapacity or compliance.

26. As used herein, the word physical-contact shall include

the meaning ascribed in the definition for strike and
blow as well as devices, weapons, or any other thing

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 worn, carried, wielded, held, or used as an extension of
the Defendant.

INTERROGATORIES

Interrogatory Number 1: State your full name, address of

residence, date of birth, marital status, social security number,
any other names by which you have been known, present employer,
employer at time of the occurrence, beginning date of employment
for each employer and date of employment termination, if any.

Interrogatory Number 2: Have you ever been charged with or

convicted of a misdemeanor involving dishonesty, theft, false
statement, deceptive practices, an act of, or threat of violence
against another individual, or a felony? If so, state the nature
thereof, the date of the conviction, and the court and the
caption in which the conviction occurred. For the purpose of this
interrogatory, a plea of guilty shall be considered a conviction.

Interrogatory Number 3: State whether you, while employed as a

police officer, have ever been a party to any personal injury or
civil rights litigation at any other time. If so, identify the
court in which said suit was filed; the caption and docket number
of each suit; the date of filing of each suit; identify your
interest in said suit; identify the nature of each suit; and
identify the results of each such suit.

Interrogatory Number 4: Identify any and all documents, records,

agreements, contracts, oaths of office (as well as name, address,
and position of any person administering such oath), bonds,
surety, insurance policies, agreements, waivers,
acknowledgements, or receipts which exist by virtue of, are
related to, required by, or otherwise exist as a result of or
requirement for, or otherwise relevant to your employment with
the Defendant, the City of Fairview Heights, and your position
therewith, as of the date of the occurrence.

Interrogatory Number 5: Identify any and all training, the dates

of such training, where such training was performed or received,
names of instructors, administrators, or other person or
individual attesting or confirming successful completion of such

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training, the subject or discipline trained thereupon, grades or
scores for each subject or notice of completion, any recognition,
or citation for excellence or superiority, any reprimands,
admonishments, notices, or caution for digressing, transgressing,
refusing, or incapability to meet or satisfy demands, standards,
rules, regulations, or otherwise, and which exist as a result of
or requirement for, or otherwise relevant to your employment with
the Defendant, the City of Fairview Heights, and your position
therewith, as of the date of the occurrence.

Interrogatory Number 6: Were there any recordings taken of the

occurrence (including but not limited to the time the Plaintiff
was under arrest and/or incarcerated), or of any of the persons
or instrumentalities involved? If so, state the dates on which
said recordings were taken, the subjects thereof, the recordings
thereof, and the name and address of the individual who presently
has possession of said recordings.

Interrogatory Number 7: On the date of the occurrence, identify

all persons, individuals, or parties with whom you had any
contact where the subject of such contact was the Plaintiff or
any and all actions undertaken by the Defendant which relate in
any way to the Plaintiff, the nature and/or reason for the
contact, names of those contacted, addresses of those contacted,
positions, title, or rank of employment (if known) of those
contacted, content and/or details of what was communicated, any
records or documents pursuant thereof, and any persons,
individuals, or parties in possession of such records or
documents.

Interrogatory Number 8: After the date of occurrence, identify

all persons, individuals, or parties with whom you had any
contact where the subject of such contact was the Plaintiff or
any and all actions undertaken by the Defendant which relate in
any way to the Plaintiff, the nature and/or reason for the
contact, names of those contacted, addresses of those contacted,
positions, title, or rank of employment (if known) of those
contacted, content and/or details of what was communicated, any
records or documents pursuant thereof, and any persons,
individuals, or parties in possession of such records or
documents.

Interrogatory Number 9: Prior to the date of occurrence, has the

Defendant any knowledge of the Plaintiff, which includes the

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Plaintiffs reputation, name, writings, speech, associations,
opinions, beliefs, or other aspects thereof, and if so, by what
method, means, facility, person, or exposure did Defendant come
to realize such? (Include the names, dates, and context and
substance of any communications, knowledge, or information)

Interrogatory Number 10: Prior to the date of occurrence, has the

Defendant possessed, received, transmitted, shared, disclosed,
destroyed, printed, filed, or otherwise have any knowledge of any
information of any kind which may in any way relate to or
reference the Plaintiff or any aspect thereof, as disclosed,
transmitted, or otherwise conveyed by any other agency,
department, government, municipality or other legal entity or
natural person be it local, state, or federal?

Interrogatory Number 11: After the date of occurrence, and

notwithstanding any information arising from the filing of
criminal charges or other act limited specifically to the date of
occurrence, has the Defendant any knowledge of the Plaintiff,
which includes the Plaintiffs reputation, name, writings,
speech, associations, opinions, beliefs, criminal record, or
other aspects thereof, and if so, by what method, means,
facility, person, or exposure did Defendant come to realize such?
(Include the names, dates, and context and substance of any
communications or information)

Interrogatory Number 12: After the date of occurrence, and

notwithstanding any information arising from the filing of
criminal charges or other act limited specifically to the date of
occurrence, has the Defendant possessed, received, transmitted,
shared, disclosed, destroyed, printed, filed, or otherwise been
made aware of or privy to any information of any kind which may
in any way relate to or reference the Plaintiff or any aspect
thereof, as disclosed, transmitted, or otherwise conveyed by any
other agency, department, government, municipality or other legal
entity or natural person be it local, state, or federal?

Interrogatory Number 13: Has the Defendant, or any agent,

assignee, representative, acquaintance, affiliate, associate, or
other entity or person with the Defendants knowledge, any
knowledge of the Plaintiffs website, http://www.markmccoy.com,
or any web site related to or referenced therein, and if so,
state the individual viewing, date viewed, web page viewed,

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purpose for viewing, and any subsequent record pursuant thereto
created by any and all persons or individuals who were, are, or
had been in possession or receipt of said record.

Interrogatory Number 14: Both prior and subsequent to the date of

occurrence, identify any record disseminated, released,
delivered, or otherwise maintained, controlled, or possessed by
the Defendant whereby the Plaintiff is mentioned, referenced, or
otherwise identified, and if such exist, list the authors,
creators, originators of such record, the date of creation, to
whom were the recipients, and the context and substance of said
record.

Interrogatory Number 15: Prior to or after the date of

occurrence, has the Defendant any knowledge of Plaintiffs
Declaration, and if so, identify any record thereto of which the
Defendant was a party or has knowledge thereof, as well as any
and all persons, parties, or individuals having knowledge of such
record, the date the Defendant came to have knowledge of said
Declaration, and the means by which the Defendant came to have
knowledge of said Declaration.

Interrogatory Number 16: Did Defendant make an oral and/or

written complaint, report, or filing with any other law
enforcement agency or governmental entity regarding events
related to the occurrence at any time subsequent to the
occurrence? If so, state the date on which said complaint,
report, or filing was made, to whom said complaint, report, or
filing was made, whether the complaint, report, or filing was
oral or in writing, and if in writing, identify all individuals
having copy of said complaint, report, or filing.

Interrogatory Number 17: List any documents, records, or any

other material or thing not heretofore requested which came to be
as a result of the occurrence.

Interrogatory Number 18: List, with specificity, the acts or

actions taken by the Plaintiff on the date of occurrence, which
gave rise to any emergency, criminal act and/or offense (as well
as whether the criminal act and/or offense is cognizable to
common law, civil law, or administrative law and the supporting
legislation thereof), violation or infringement of any right
belonging to any other, and which necessitated any act of self-
defense by any other person or individual, and whether such act

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or actions posed an immediate threat to the life, health or
safety of the Defendant, public-at-large or property thereof.

Interrogatory Number 19: List, with specificity, any reasonable

suspicion, or probable cause believed or ascertained by the
Defendant as a result of any act or action of the Plaintiff, the
supporting law, legislation, holding, or opinion supporting such,
any proof or evidence thereof, and whether such involved a
criminal act or offense.

Interrogatory Number 20: List, with specificity, the method used

to identify the Plaintiff at any time during the occurrence and
at what point during the occurrence was such identity positively
ascertained and the information or evidence used to support such
identification, whether such evidence is factual, prima fascia or
presumptive, from whom was the evidence obtained, in what manner
or method so obtained, the knowledge with or relationship to the
Plaintiff in regards to any providing said evidence, who created,
issued, manufactured, or supported such evidence, any agency,
department, government, or entity issuing any such evidence,
whether Plaintiff was allowed to review or verify said evidence
and if so, Plaintiffs response, verification, or denial of said
evidence, and any authority or power authorized by law for
inquiring into or obtaining any evidence used to identify the
Plaintiff.

Interrogatory Number 21: Was the Defendant, at any time during

the occurrence, in reasonable fear of death or great bodily harm
as a direct result of any action taken by the Plaintiff, and if
so, state with specificity the action of the Plaintiff giving
rise to such fear, what injury perceived as imminent by the
Defendant, whether any action taken by the Defendant could
reasonably be perceived to exacerbate, aggravate, precipitate,
contribute to, instigate, antagonize, or otherwise manifest an
action or reaction by the Plaintiff and whether such action taken
by the Defendant could contribute to his own fear or likewise
invoke, create, or otherwise contribute to a like-fear in the
mind of the Plaintiff?

Interrogatory Number 22: Did the Defendant, at any time during

the Plaintiff being under arrest, inform the Plaintiff that he
was under arrest or give any explanation for his detainment,
identify any probable cause or reasonable suspicion, make any

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inquiry as to the Plaintiffs physical or mental state, conduct
any examination, gather any evidence, make any assessment, or
otherwise attempt to confirm any criminal act or offense
committed by the Plaintiff, and if so, state the details thereof,
results or determinations thereof, evidence thereof, and source
of lawful authority for undertaking such.

Interrogatory Number 23: List, with specificity, any proof or

evidence of the Plaintiff being a citizen of the United States, a
resident of the State of Illinois, a United States citizen, or
consenting member of any political body not of his choosing and
if offering any such proof, specify the governmental agency,
department, or branch issuing such evidence.

Interrogatory Number 24: Describe, with specificity, detail, and

in chronological order, every action taken or power exercised
during the occurrence and the authorizing, or empowering rule,
order, command, law, regulation, or other justification for
taking such action or exercising such power.

Interrogatory Number 25: Did the Defendant, at any time during

the occurrence, strike or in any other way initiate and/or cause
a blow to or physical-contact with the Plaintiffs body, and if
so, state the nature of the physical-contact, the purpose for the
physical-contact, the number of times physical-contact was made
and with what parts of the Plaintiff and Defendant such physical-
contact was made, any injury expected as a result of such
physical-contact, any actual injury realized as a result of such
physical-contact, and the authority or power believed to
authorize such physical-contact?

Interrogatory Number 26: Did the Defendant, at any time during

the occurrence, have reason to believe the Plaintiff to have
suffered any kind of injury to any part of his body as a result
of actions taken by the Defendant, and if so, what type of injury
did the Defendant believe the Plaintiff to have suffered, and to
what did the Defendant attribute such injury, and what action, if
any, was taken by the Defendant in response to such injury?

Interrogatory Number 27: List with specificity any training

received by the Defendant in the medical or healing arts,
emergency medicine, diagnosis, treatment, and care of bodily
injury, medical certificates, medical licenses, as well as the
dates of such training, the accreditation of any facility

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providing such training, instructors for each respective
training, and any grades or evaluation of proficiency for such
training.

Interrogatory Number 28: Did the Defendant, on the date of the

occurrence, observe any injury to the Plaintiff, and as a result
of such observation make a decision as to any course of treatment
for such injury and if so, what decision was made and under what
criteria, knowledge, or training was said decision made?

Interrogatory Number 29: Did the Defendant, on the date of the

occurrence, receive any indication from the Plaintiff that the
Plaintiff believed himself to be in need of medical attention or
otherwise request medical attention, and if so, what action was
taken by the Defendant pursuant to such belief or request and
under what criteria, knowledge, or training was such decision
made?

Interrogatory Number 30: How much time elapsed between the

Defendant being aware of any injury suffered by the Plaintiff and
the Plaintiff being examined, treated, or otherwise made
available to trained, licensed, medical personnel?

Mark McCoy, Plaintiff

Date

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STATE OF ILLINOIS )
) SS
COUNTY OF ST. CLAIR )

CERTIFICATE OF SERVICE

I, the undersigned, on oath state that I served the forgoing Plaintiffs Interrogatories to
Defendant, Joshua Alemond, for Case No. 10 L 75 to the following person(s):

Julie A. Bruch
Joshua S. Abern
OHalloran Kosoff Geitner & Cook, LLC
650 Dundee Road, Suite 475
Northbrook, Illinois 60062

and

Dawn A. Sallerson
Hinshaw & Culbertson, LLP
521 West Main Street, Suite 300
Belleville, Illinois 62222

By filing and leaving copies with the Clerk of the Circuit Court for the Twentieth Judicial Circuit,
St. Clair County, Illinois on June 17, 2010 and personally tendering same to the Defendants
attorneys of record.

Mark R. McCoy, Plaintiff

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