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Judge denies request to dismiss sexual harrassment charges

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Illinois

Sexual harassment allegations against former state Treasurer Dan Rutherford can move forward in a politically charged federal lawsuit that helped doom the Central Illinois Republican’s 2014 bid for governor.

In a 29-page decision issued Friday, U.S. District Judge Joan Lefkow denied Rutherford’s request to dismiss former employee Edmund Michalowski’s claim that he was forced to work in a hostile environment.

In a lawsuit filed in February 2014 — five weeks before the Republican primary for governor — Michalowski alleged his former boss grabbed at his genitals in the guest bedroom of Rutherford’s rural Chenoa home and on two occasions grabbed his arm before making sexual comments.

Rutherford, of Chenoa, has denied the charges, but Lefkow said the claims have merit.

“These allegations go ‘beyond offhand comments and into physical assault’ and raise the possibility of severe or pervasive sexual harassment from a speculative to a plausible level,” Lefkow wrote.

Oof.

posted by Rich Miller
Friday, Mar 6, 15 @ 3:57 pm

Comments

==“These allegations go ‘beyond offhand comments and into physical assault’ and raise the possibility of severe or pervasive sexual harassment from a speculative to a plausible level,” Lefkow wrote.==

Unless she has a lot more information that we’re not seeing here, I’d say she’s speculating on the plausibility of the allegations.

Comment by Streator Curmudgeon Friday, Mar 6, 15 @ 4:02 pm
In these cases the judge is obligated to “read the allegations” of the complaint as if true. So she must assume that what was written in the complaint was correct. The next step will be getting witnesses under oath.

Comment by HL Friday, Mar 6, 15 @ 4:05 pm
That “Friday Fiasco” just seems more and more one of the worst political PR disaster of the last decade.

Can’t have a judge say;

==“These allegations go ‘beyond offhand comments and into physical assault’ and raise the possibility of severe or pervasive sexual harassment from a speculative to a plausible level,” Lefkow wrote.==

How’s that comeback looking @RutherfordDan?

Comment by Oswego Willy Friday, Mar 6, 15 @ 4:06 pm
==Unless she has a lot more information that we’re not seeing here==

Wonder what’s in that report he said was going to exonerate him before suddenly calling off the press conference?

Comment by Formerly Known As... Friday, Mar 6, 15 @ 4:19 pm
From the article: “Neither he or his attorneys could immediately be reached for comment Friday”

Send them both a survey on taxes and sneak in a question on harassment.

Comment by Robert the Bruce Friday, Mar 6, 15 @ 4:21 pm
==Wonder what’s in that report he said was going to exonerate him before suddenly calling off the press conference?==
to the lawyers here: Would this report be subject to subpoena in the court case? I’m hoping it’ll surface.

Comment by Robert the Bruce Friday, Mar 6, 15 @ 4:22 pm
===From the article: “Neither he or his attorneys could immediately be reached for comment Friday”===

- Robert the Bruce -,

I was thinking “They should tweet @RutherfordDan or write on his Facebook page”, but yours has more edge…

Comment by Oswego Willy Friday, Mar 6, 15 @ 4:25 pm
Dan was emoting a scene from his favorite movie:
“Is that a rabbit in your pocket or are you just happy to see me?”

Comment by Norseman Friday, Mar 6, 15 @ 4:29 pm
==How’s that comeback looking @RutherfordDan?==

Oh Danny Boy, the pipes, the pipes, are calling…

Comment by Formerly Known As... Friday, Mar 6, 15 @ 4:30 pm
…
“Q4: Should Illinois use any type of tax revenue to pay for studies that aren’t released to the public?”

“Q5: If you answered yes to Q5, please attach an example of such a study”

Comment by Robert the Bruce Friday, Mar 6, 15 @ 4:31 pm
Q6: If one of your lower level staff just accidentally attached a study he wasn’t supposed to in Q5, will you allow him to eat lunch with you and the rest of the staff?

Comment by Robert the Bruce Friday, Mar 6, 15 @ 4:32 pm
well at least she announced it on a Friday.

Comment by Amalia Friday, Mar 6, 15 @ 4:33 pm
“alleged his former boss grabbed at his genitals in the guest bedroom of Rutherford’s rural Chenoa home and on two occasions grabbed his arm before making sexual comments.”

I don’t mean to be crass…but if only Dan would have made the comments BEFORE doing the rest, this might turn from harassment to consent…just sayin’.

Comment by Captain Illini Friday, Mar 6, 15 @ 4:41 pm
Great use of tax dollars here.

Comment by Formerly Known As... Friday, Mar 6, 15 @ 4:49 pm