Dist. Ct. erred in denying defendants-Clerk of Circuit Court of Cook County and others’ motion for summary judgment alleging that they were entitled to immunity from plaintiff-attorney’s section 1983 action alleging violation of his 1st Amendment rights, as well as from state law defamation action arising out of statements Clerk made to public and private parties that accused plaintiff of being unscrupulous attorney. Clerk was entitled to immunity on defamation action, where instant communications, which took form of ARDC complaint filed by Clerk against plaintiff, either pertained to Clerk’s official duties or responded to litigation that had been filed against Clerk’s office. Moreover, same ruling applied to Clerk’s press release regarding filing of ARDC complaint. Fact that Clerk made alleged statements asserting that plaintiff was guilty of racial animosity towards her did not disqualify her from obtaining instant immunity. Ct. rejected plaintiff’s argument that Clerk was not entitled to immunity because purpose of press release was for personal or nefarious reasons. Ct. further found that Clerk was entitled to similar immunity with respect to: (1) Clerk’s letter to Jessie Jackson Sr. regarding lawsuit that had been brought against her; (2) Clerk’s letter to BGA, which concerned summary of 23 legal actions filed by plaintiff against Clerk; and (3) Clerk’s letter to Cook County Bd. Of Commissioners concerning internal investigation, even though in all three communications Clerk made disparaging comments about plaintiff. Plaintiff also failed to establish with respect to his First Amendment claim that Clerk engaged in threats, coercion, or intimidation so as to qualify as retaliatory speech.
Federal 7th Circuit Court
Civil Court
Immunity