* Not unexpected, but ouch…
A man who launched an ill-fated primary election challenge of Michael J. Madigan, arguably the most powerful politician in Illinois, has again lost to the Speaker of the State House of Representatives, after a federal judge tossed out his lawsuit alleging Madigan and his political allies violated his constitutional rights by conspiring to smear his name and undercut his campaign.
On March 14, U.S. District Judge Matthew F. Kennelly sided with Madigan and other defendants accused in the lawsuit, saying plaintiff Jason Gonzales presented no evidence that Madigan and his allies used the power of the state or their positions to violate any of Gonzales’ rights.
“Gonzales argues … that, due to Madigan’s lengthy service in the Illinois House of Representatives, his ‘authority as a private person and the authority he derives from his position are indistinguishable,’” Kennelly wrote. “Gonzales cites no case law to support this proposition. The Seventh Circuit has repeatedly stated that ‘[t]he mere assertion that one is a state officer does not necessarily mean that one acts under color of state law.’
“Gonzales must allege facts permitting a plausible inference that Madigan engaged in conduct made possible by his official authority under state law that contributed to the alleged constitutional violations. Gonzales has not done so in his complaint in its current form.”
Kennelly dismissed the complaint without prejudice, for now, giving Gonzales until March 29 to refile a lawsuit “that contains at least one viable claim.”
Go read the whole thing. Brutal.
*** UPDATE *** Um, OK. But how about just coming up with “one” fact?…