EAST ST. LOUIS – Shelly Shevlin of Freeburg dusted off a wrongful termination complaint against former Gov. Bruce Rauner and filed a a brand new lawsuit in federal court.
Her counsel, Ronald Abernathy of Belleville, filed it in U.S. district court on June 21, a day less than a year since Shevlin dismissed a similar suit without prejudice.
Like the first complaint, the current one names Rauner and former transportation department leaders Randall Blankenhorn, Bruce Harmening, and Matt Magalis as defendants.
Abernathy claims they terminated Shevlin in retaliation for not supporting Rauner and the Republican Party.
In 2014, when Illinois voters elected Rauner, Shevlin actively campaigned for successful St. Clair County Board candidate Kenneth Sharkey.
Rauner received a report that the transportation department hired Sharkey after Shevlin participated on a panel that evaluated him.
A special master in a federal investigation asked the department to halt his hiring, and the department complied.
In 2016, the department’s ethics committee ruled that Shevlin violated a rule against including anyone on a panel who has a conflict in evaluating an applicant.
The department terminated her on charges of unprofessional and unethical conduct.
She sued Rauner, Blankenhorn, Harmening, and Magalis in St. Clair County Circuit Court in 2018, and Chief Judge Andrew Gleeson presided over the case.
On Nov. 3, voters denied Rauner a second term.
Former Attorney General Lisa Madigan, as Rauner’s counsel, removed Shevlin’s complaint to district court on Nov. 14.
Madigan claimed Shevlin raised issues under the U.S. Constitution.
After J.B. Pritzker took office, the transportation department could have dropped its defense and restored Shevlin’s job with benefits and seniority.
Chief Judge Nancy Rosenstengel presided until October 2020, when Stephen McGlynn and David Dugan joined the court.
The clerk assigned McGlynn; and he recused himself, so the clerk assigned Dugan.
He set trial to begin last Oct. 3.
He directed Magistrate Judge Gilbert Sison to hold a settlement conference last June 30.
On June 22, 2022, eight days ahead of the settlement conference and about 100 days away from trial, Shevlin dismissed the complaint without prejudice.
Abernathy’s current complaint alleges Shevlin was protected from adverse employment actions based on her political affiliations.
He claims misconduct allegations were a pretext for violating her free speech, free association, and due process.
Abernathy’s partner Kenneth Halvachs also represents Shevlin.
The court clerk randomly assigned Magistrate Judge Mark Beatty.
He’ll preside unless a party declines consent to magistrate jurisdiction.
If that happens, the clerk will assign a district judge.