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* For the second time, a federal judge has dismissed a lawsuit filed by Jason Gonzales, Speaker Madigan’s 2016 Democratic primary opponent. The lawsuit was filed against Madigan and other alleged conspirators. Judge Matthew Kennelly was not impressed…
The remaining defendants filed a joint motion to dismiss the federal claims against them on two grounds: (1) Gonzales failed to allege that defendants acted under color of state law; and (2) he failed to allege the deprivation of any federal constitutional right. The Court determined that Gonzales failed to allege that the remaining defendants acted under color of state law and dismissed all of his federal claims against those defendants, including the claim of civil conspiracy. The Court did not consider defendants’ remaining arguments.
The Court granted Gonzales leave to amend his complaint; the Court’s order said that unless he filed an amended complaint that included at least one viable federal claim, the Court would dismiss his federal claims with prejudice. Gonzales filed his amended complaint on March 29, 2017, asserting, with additional factual allegations, the same claims as in the original complaint.
Oops.
* Conclusion…
For the foregoing reasons, the Court grants the joint defendants’ motion to dismiss. And because it is apparent that Gonzales cannot make allegations plausibly supporting a contention that one or more of the defendants acted under color of state law, there is no good reason to give him further attempts to amend.
posted by Rich Miller
Wednesday, Jun 21, 17 @ 10:27 am
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Surprised judge did not order him to pay defendant’s costs.
Comment by DuPage Saint Wednesday, Jun 21, 17 @ 10:30 am
DuPage Saint - I don’t know much in this area, would the defendant need to file for such a claim first? Maybe that is coming next?
Comment by Anonymous Wednesday, Jun 21, 17 @ 10:33 am
Is this lawsuit all about trying to make Madigan look bad in his district?
Comment by Mama Wednesday, Jun 21, 17 @ 10:49 am
Maybe Rauner would make a “campaign donation” to Gonzales to cover any costs. I was under the impression Gonzales was an undercover Raunerite candidate to begin with.
Comment by DuPage Wednesday, Jun 21, 17 @ 10:52 am
It would be interesting to know who was behind this. My guess is it wasn’t Gonzalez idea to have Tony Peraica file a federal lawsuit.
Comment by not again Wednesday, Jun 21, 17 @ 11:05 am
==- Mama - Wednesday, Jun 21, 17 @ 10:49 am:
Is this lawsuit all about trying to make Madigan look bad in his district?==
I dont think his constituents care about this kind of thing. They have better services than most
Comment by not again Wednesday, Jun 21, 17 @ 11:07 am
Did anyone tell Gonzo his lawyer once got lost trying to walk to the County Building from the Intercontinental? With TV cameras rolling?
Comment by wordslinger Wednesday, Jun 21, 17 @ 11:34 am
=== Did anyone tell Gonzo his lawyer once got lost trying to walk to the County Building from the Intercontinental? ===
Or did anyone tell Gonzo that his lawyer once got arrested for stealing campaign yard signs?
Comment by Too Much to Handle Wednesday, Jun 21, 17 @ 11:47 am
Does this pave the way for Gonzo 2.0? Are there post ephiphany moments he needs to hide?
Comment by Annonin' Wednesday, Jun 21, 17 @ 12:01 pm