Weird Cemetery Suit in Herky

23 Jul

I would like to highlight a bizarre lawsuit involving Herculaneum Cemetery, which is around the corner from Kade’s Playground there. The suit was filed way back in January of 2017, but I don’t think anyone has written about it. It is still ongoing in the courts and also involves the city and the police.

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Part of the lawsuit alleges excessive use of force by police. Another part of it alleges mismanagement of the cemetery.

Excessive Force

The plaintiff, Christina Pryor, has family members buried in the cemetery, and had complained to the city and others several times about the upkeep and finances of the cemetery. A dispute then arose over whether or not a decorative lantern could be placed on a grave. It was a question of alleged arbitrary enforcement of cemetery rules. The situation escalated to the point that police were called. The suit alleges that Herculaneum police chief Mark Tulgetske arrived in an aggressive manner, chest bumped and yelled at the plaintiff, and told her to leave. She says she responded “I am, dumbass” at which time the chief allegedly yanked her out of her car, twisted her around by the arm, and handcuffed and arrested her with another officer’s assistance, causing great pain and injuries that required surgery.

Pryor was charged with peace disturbance and resisting arrest, but the judge threw out the former charge and Pryor was acquitted after twenty minutes of jury deliberation on the latter charge.

Cemetery Mismanagement

The suit states that the cemetery, which was founded just over 100 years ago, was set up to be operated by an independent organization, known as a “benevolent corporation.” But the suit alleges that the city became the de facto owner of the cemetery in about 2009. The city hall phone number and address were listed as the points of contact for the cemetery. The couple living next to the cemetery, Ken and Edith Chailland, allegedly served as caretakers of the cemetery and accepted payments for burial plots; there are questions of the accounting for this money. They were the ones who argued with the plaintiff about the lantern, leading to the incident with the police chief.

The suit alleges that a new cemetery board was formed in 2016 that stopped the alleged misconduct. But the mayor, Bill Haggard, is still listed as the contact person (along with his cell number) on the city website. He is the chairman of the new cemetery board. Here’s what he said in 2016:

Although the cemetery is named for the city, Haggard said it isn’t city property.

“The city doesn’t own it, and the city doesn’t want to own it,” he said.

Another question about the cemetery is whether it is endowed, meaning that money exists to care for the cemetery in perpetuity. The lawsuit alleges that the cemetery is not, since it does not meet the state requirements for registration and having a trust fund. Nonendowed cemeteries are supposed to make it clear up front to plot purchasers that they are not endowed, but the suit alleges that the Herky Cemetery did not do so.

Big Lawyer

One noteworthy aspect of this case is that the plaintiff’s attorney is W. Bevis Schock, who is kind of a big-time lawyer in St. Louis. He is a hero to us all in that he argued the case that led to the state Supreme Court ruling that red-light cameras (like the ones Arnold used) are illegal. He has also handled a number of lawsuits against lying cops and prosecutors.

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