A man has taken legal action against a health company and two individuals, accusing them of defamation, malicious prosecution, and civil conspiracy. On April 16, 2025, David A. Bertha filed a complaint in the Circuit Court of Cook County, Illinois, against Performance Health, Francis Dirksmeier, and Jameson Eisenmenger.
The case stems from an incident on April 17, 2024, when Eisenmenger filed a petition for an emergency stalking no-contact order against Bertha in Kane County. The plaintiff claims that the accusations were baseless as Eisenmenger admitted during the hearing that Bertha had not contacted him at all in 2024. The matter was complicated by Eisenmenger's relationship with Kane County State’s Attorney Jamie Mosser, as they were married at the time. This led to the case being transferred to an out-of-circuit judge due to potential conflicts of interest.
Bertha's troubles did not end there. On May 14, 2024, he was arrested for trespassing at the Kane County Judicial Center while attending a scheduled hearing related to Eisenmenger’s petition. According to Bertha's account, sheriff deputies informed him that his court date had been rescheduled and ordered him to leave the premises. He refused to comply with what he deemed an unlawful order and was subsequently arrested without evidence of any interference with others' use of the courthouse.
Bertha accuses Eisenmenger of collaborating with his former wife and other law enforcement officials in Kane County to prosecute him maliciously for trespassing. He further alleges that Performance Health and Dirksmeier have been complicit in this conspiracy since January 2022 when they initially sought a stalking no-contact order against him.
In his lawsuit, Bertha is seeking $5 million in damages along with court costs and attorney fees. He has also demanded a jury trial to resolve these allegations.
Representing himself pro se in this legal battle is David A. Bertha. The case is being heard under Case ID: 2025L005198 in Calendar D of the Circuit Court of Cook County. As of now, no attorneys or judges have been specifically named within the provided document.