As reported by GazetteXtra:
Burglar pursues suit against doctor who shot him
(Published Wednesday, June 13, 2007 11:49:01 AM CST)
By Mike DuPre'
Convicted burglar Kurt Prochaska is proceeding with his lawsuit against the doctor who shot him after he broke into the doctor's house.
On Tuesday, Judge James Welker scheduled a jury trial to start March 31, 2008. Both sides anticipated a trial of three to four days.
Prochaska, 39, was sentenced in March to eight years in prison and four years of extended supervision for burglary and felony criminal damage for breaking into Michael Rainiero's home on Linden Avenue on Halloween night 2005.
Prochaska actually fell through the ceiling of Rainiero's home after he had torn off a roof vent in what he claimed was an attempt to enter the home to use the bathroom.
A jury didn't buy Prochaska's story.
Rainiero shot Prochaska once in the back in what Rock County District Attorney David O'Leary determined was self-defense.
Rainiero was not charged with any crime.
But Prochaska claims Rainiero used excessive force and caused him permanent pain and injury. Prochaska's lawsuit admits he was an intruder in Rainiero's home.
During his criminal trial, Prochaska used a walker and walked with a slight limp.
Emile Banks, a Milwaukee attorney representing Rainiero, told Welker he has tried unsuccessfully since February to get a deposition from Prochaska, who is an inmate at Fox Lake Correctional Institution.
If Prochaska refuses to be deposed-a necessary step in any lawsuit-Welker told Banks "bring your motion, and I'll dismiss his case."
Prochaska's attorney, James McCann of Milwaukee, said by phone that there should be no problem either with Banks' deposing Prochaska or getting an independent medical exam of his client.
Welker set Dec. 15 as the deadline for Banks to file a motion for summary judgment, which, if granted, would dismiss the lawsuit.
The story can be found at; http://www.gazetteextra.com/prochaska061307.asp
Even as this case is obviously on the face of things completely bogus, the homeowner still has to pay out of his own pocket to cover his defense bills toward his attorney and any other expenses associated to this nevermind the emotional stress. Criminals will take and take from you. If they can't get your stuff or your life they will be happy to suck up your time and court cost dimes.