POLITICAL DISCRIMINATION CASE VICTORY!

Odelson & Sterk attorneys, Mike McGrath and Richard Bruen have successfully obtained summary judgment in Brown v. County of Cook, Michael F. Sheahan and Thomas Dart. This was a highly charged political retaliation lawsuit which took its course over 5 years in Federal Court before Judge Milton Shadur, and ultimately, Judge Sharon Johnson Coleman, in case number 06-CV-617. The Plaintiff initially sued the Cook County Sheriff’s Police Department, James Ryan, and Citizens for Michael F. Sheahan Campaign Fund. These Defendants were dismissed from the case a number of years ago.

Brown alleged that Sheriff Sheahan did not promote him to lieutenant to the Sheriff’s Police Department because he was a Republican and supported a Republican candidate for Sheriff in violation of his First Amendment rights. Judge Johnson Coleman rendered a 12 page opinion and order detailing how the Plaintiff could not establish a prima facie case for employment discrimination based upon political affiliation. The Judge concluded that the Plaintiff’s evidence came up short in multiple respects and did not establish that his political affiliation was the “but-for” cause of the decision not to promote him. That being the case, the Judge found that the Plaintiff could not make out a prima facie case of discrimination under the First Amendment.

Further, the Court found that the Defendants presented a legitimate, non-political reason for not promoting the Plaintiff. Therefore, the Motion for Summary Judgment was granted and the case dismissed.

The case involved hundreds of hours of depositions, discovery and pleading time with both sides attempting to mediate a settlement prior to summary judgment pleadings. When mediation was unsuccessful, a substantial settlement offer was not accepted, the Defendants proceeded with the motion for summary judgment. As Special State’s Attorneys for Cook County, Burt Odelson, Mike McGrath and Richard Bruen avoided a lengthy and costly trial by successfully arguing the Motion for Summary Judgment. A motion for substantial costs will be filed. For information on this matter, contact Mike McGrath or Richard Bruen at the firm.

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