EAST ST. LOUIS – Former U.S. attorney Stephen Wigginton filed the last suit of his private practice in the wrong court, according to an order that U.S. Magistrate Judge Mark Beatty issued on May 18.
Beatty found that former Wigginton client April Len, who worked for Secretary of State Jesse White, should have challenged her termination in state court.
He dismissed her claims under federal law with prejudice and dismissed claims under state law without prejudice.
“When the claims supporting federal jurisdiction drop out of the case, the usual practice is to relinquish jurisdiction over any remaining state law claims,” Beatty wrote.
Wiggington placed his law license on inactive status last year, after his third arrest in three years on suspicion of driving under the influence.
Len sued White’s office, Michael Mayer, Randy Blue, and Jay Morgan on July 9, 2019, requesting judgment of $10 million.
Wigginton identified Len as a St. Clair County resident.
Len’s lawsuit asserts due process violation under federal law, and claims that defendants and their employees withheld evidence, suborned perjury, and coerced witnesses.
It claims failure to intervene under federal law, alleging they didn’t prevent fabrication of evidence, taunting, and threats.
It also alleges conspiracy to deprive Len of her rights under the U.S. Constitution.
“They joked about hitting her and conspired to cover it up by lying and publicly stating that she fell on a wet floor,” Wigginton wrote.
The suit also claims infliction of emotional distress under state law, alleging the acts and conduct of the individual defendants were extreme and outrageous.
Also under state law the suit alleges a conspiracy to accomplish an unlawful purpose by unlawful means.
Wigginton filed an entry of appearance where he should have filed the standard civil cover sheet, and later in the day he filed the cover sheet as an exhibit.
The clerk assigned Chief District Judge Nancy Rosenstengel, who recused herself.
The parties consented to magistrate jurisdiction, and the clerk assigned Beatty.
On Dec. 23, 2019, assistant attorney general Joseph Bracey moved to dismiss the complaint for failure to state a claim.
Three days later, Edwardsville police issued a ticket to Wigginton, alleging an alcohol concentration almost three times the limit.
On Jan. 22, 2020, Todd Sivia of Edwardsville entered an appearance for Len.
Beatty granted an extension, and Sivia opposed the motion to dismiss in April.
He introduced facts that Wiggington hadn’t introduced in the complaint.
Beatty dismissed the complaint last September, so Sivia could amend it to add the facts from his response brief.
Beatty found he couldn’t say Sivia’s facts were consistent with facts in the complaint because there were almost no facts in it.
He granted immunity to the Secretary of State’s office.
Paul Marks of Sivia’s firm amended the complaint in November, leaving White’s office out of it.
Marks wrote that Len worked for the office from 2000 to June 2018, holding the title public services supervisor for the driver services department.
He identified Mayer as director of driver services, Blue as deputy inspector general, and Morgan as regional manager.
He set forth each event in a process lasting more than a year.
He improved on Wigginton’s complaint but not enough to proceed.
Beatty rejected the federal due process claim, finding aggrieved employees should seek state court review of final administrative rulings.
He found Len didn’t demonstrate that Illinois law failed to provide an adequate remedy after termination.
He found Seventh Circuit cases where state actors departed from state law yet there was no federal violation because there were sufficient state remedies.
Wigginton never moved to withdraw, and to the end he appeared on the docket with Marks and Sivia as attorneys to be noticed.
He can return to active status at any time.
He hadn’t done so as of May 22.