Jay Scott Lawsuit 2
Jay Scott Lawsuit 2
Jay Scott Lawsuit 2
COMPLAINT
COME NOW the Plaintiffs, ROBYN LEWIS (“LEWIS”) and LEAH CONE
(“CONE”) by their attorneys, Costigan & Wollrab, P.C., and for their Complaint against
the Defendants, COUNTY OF MACON, a unit of local government by and through its
Chairman of the Board and Members of the COUNTY OF MACON (“MACON”) and
JURISDICTION
LEWIS and CONE arise under the Constitution, laws or treaties of the United States. In
particular, the claims of LEWIS and CONE are being brought pursuant to 42 U.S.C.
2. Additionally, this Court has jurisdiction of the state law claims asserted
VENUE
MACON is a municipal corporation subject to the personal jurisdiction of this district and
the claims of LEWIS and CONE arose in Macon County and in this district as alleged
below.
PARTIES
4. At all times relevant to the matters set forth in this Complaint, LEWIS was
5. At all times relevant to the matters set forth in this Complaint, CONE was
6. During all times relevant to the matters set forth in this Complaint, LEWIS
7. At all times relevant to the matters set forth in this Complaint, SCOTT
8. At all times relevant to the matters set forth in this Complaint, MACON
municipal corporation, duly incorporated under the laws of the State of Illinois, and
9. At all times relevant to the matters set forth in this Complaint MACON
acted through its Chairman of the Board and Members of the County Board of MACON
and held its meetings and oversaw the operations of MACON in Macon County, Illinois.
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GENERAL ALLEGATIONS
10. That LEWIS was hired by MACON on or about October 6, 1994 where
LEWIS remained employed with MACON until July 7, 2016 when her employment with
11. That CONE was hired by MACON in and around 1998 where
12. That LEWIS was hired as a full time employee of MACON beginning in
October of 1994. She was initially hired to work in the Circuit Clerk of Macon County;
and later joined the Macon County State’s Attorneys’ office in January of 1996. During
a Domestic Violence Coordinator and Victim Advocate until her position with MACON
13. That CONE was hired as a full time employee of MACON beginning
on or about July 28, 1997. During her tenure as an employee of MACON, CONE
Deferred Prosecution Coordinator with the MACON at the time of the termination of her
14. That during the course of their employment LEWIS and CONE both
MACON promised to provide LEWIS and CONE with a work environment free of
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16. At all times relevant to the matters set forth in this Complaint,
17. That at all times relevant to the matters set forth in this Complaint, Kim
Tarvin was employed by MACON and assigned to work in the office of the State’s
Attorney of Macon County. That at all times relevant to the matters set forth in this
Complaint, Kim Tarvin was acting in the course and scope of her employment with
18. That at all times relevant to the matters set forth in this Complaint Kim
19. That on or about July 6, 2015, LEWIS and CONE reported to Gregory
Mattingly and other MACON supervisory personnel, including the Personnel Director of
the State’s Attorney’s Office of Macon County that Kim Tarvin and other employees of
the State’s Attorney’s Office of Macon County had violated certain provisions of the
affiliation or support any particular political party or candidate for election to an office of
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20. LEWIS and CONE notified personnel of MACON, including but not
limited to Greg Mattingly and the Personnel Director of the State’s Attorney’s Office of
Macon County that employees of MACON, including but not limited to Kim Tarvin were
violating the Political Activity Policy of MACON by soliciting and electioneering during
hours when Kim Tarvin was working for MACON at the urging and with the consent of
SCOTT and making support of SCOTT’s political party and his political campaign for re-
applicable provisions of the MACON Handbook and other applicable Illinois statutory
provisions, including but not limited to the provisions of the Illinois Right to Privacy in
the Workplace Act. LEWIS and CONE also notified MACON that Kim Tarvin and
SCOTT had violated other laws of the State of Illinois protecting employees from
MACON that certain employees of MACON were committing acts in violation of the
provisions of the MACON Employee Handbook and also federal and state laws
characteristics.
22. Thereafter, on or about July 7, 2016, Greg Mattingly and other senior
against Kim Tarvin and SCOTT, and in particular confronted SCOTT about the various
alleged and reported federal and state law violations committed by Kim Tarvin and
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23. That as a result of the reports and complaints made to SCOTT regarding
the allegations of LEWIS and CONE, MACON by and through its agents terminated the
24. That the proffered reason for the termination of the employment of
LEWIS and CONE on July 7, 2016 was due to budgetary cuts, which reason was “pre-
text” for unlawful discrimination and adverse employment action taken against LEWIS
and CONE for their reporting of illegal and unlawful actions of Kim Tarvin, SCOTT and
other employees of MACON who violated the provisions of the Political Activity policy
of MACON and the laws of the State of Illinois and federal laws including the First and
25. That in addition to the foregoing, MACON also ignored violations of law
committed by Kim Tarvin despite reports that Kim Tarvin was performing election work
for SCOTT during periods when she was employed by MACON and being paid wages by
MACON, which acts of Kim Tarvin were illegal and in violation of state and federal law
prohibiting the use of government funds for promotion of candidates for election or
reelection.
“Macon County Employee Status Change Sheet” advising LEWIS and CONE that their
LEWIS and CONE was pre-text for illegal harassment and retaliation. In particular,
MACON’s termination of the employment of LEWIS and CONE was in retaliation for
their report of the illegal acts of Kim Tarvin, SCOTT and other employees of MACON to
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the authorities of MACON, including but not limited to the Human Resources
Department of MACON and Greg Mattingly in his capacity as Chairman of the Judicial
CONE with MACON each of them have has sustained damages, including but not limited
COUNT I
NOW COMES Plaintiff, LEWIS, and for Count I of her Complaint alleged
LEWIS was exposed to a work place environment that was tainted by overtly
39. During her employment with MACON, the Chairman of the Board of
MACON and members of the Board of Directors of MACON, knew or in the exercise of
reasonable care should have known that employees and senior management personnel of
MACON, including but not limited to Kim Tarvin were engaging in unlawful actions
against employees of MACON, including but not limited to LEWIS that were hostile,
including LEWIS.
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40. During her employment with MACON, the Chairman of the Board of
MACON and members of the County Board of MACON, knew or in the exercise of
reasonable care should have known that personnel of MACON, including but not limited
to Kim Tarvin were engaging in actions against employees of MACON that were in
41. That despite MACON’s knowledge of the illegal actions of its personnel
42. As a result of the acts and omissions of MACON by and through its
members of the County Board of MACON, asserted in this Count I, LEWIS has sustained
a. Compensation for back pay and other employer sponsored benefits owed
b. Compensation for front pay and other employer sponsored benefits lost by
c. All other compensatory damages available under the federal and state laws
WHEREFORE, Plaintiff, ROBYN LEWIS, hereby prays for the following relief
A. Reinstatement to her position with MACON, with all back pay, employee
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B. If no comparable position is available, then an award for front pay and all
C. All other compensatory damages available under the federal and state laws
D. Such other and further relief as this Court deems equitable and proper.
COUNT II
NOW COMES Plaintiff, CONE, and for Count II of her Complaint alleged
CONE was exposed to a work place environment that was tainted by overtly
39. During her employment with MACON, the Chairman of the Board of
MACON and members of the Board of Directors of MACON, knew or in the exercise of
reasonable care should have known that employees and senior management personnel of
MACON, including but not limited to Kim Tarvin were engaging in unlawful actions
against employees of MACON, including but not limited to CONE that were hostile,
including CONE.
40. During her employment with MACON, the Chairman of the Board of
MACON and members of the County Board of MACON, knew or in the exercise of
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reasonable care should have known that personnel of MACON, including but not limited
to Kim Tarvin were engaging in actions against employees of MACON that were in
41. That despite MACON’s knowledge of the illegal actions of its personnel
42. As a result of the acts and omissions of MACON by and through its
members of the County Board of MACON, asserted in this Count II, CONE has sustained
a. Compensation for back pay and other employer sponsored benefits owed
b. Compensation for front pay and other employer sponsored benefits lost by
c. All other compensatory damages available under the federal and state laws
WHEREFORE, Plaintiff, LEAH CONE, hereby prays for the following relief
A. Reinstatement to her position with MACON, with all back pay, employee
B. If no comparable position is available, then an award for front pay and all
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C. All other compensatory damages available under the federal and state laws
D. Such other and further relief as this Court deems equitable and proper.
COUNT III
NOW COMES Plaintiff, LEWIS, and for Count III of Complaint alleged in the
LEWIS was exposed to a work place environment that was tainted by overtly
39. During her employment with MACON, the Chairman of the Board of
MACON and members of the Board of Directors of MACON, knew or in the exercise of
reasonable care should have known that personnel of MACON, including but not limited
to Kim Tarvin were engaging in actions against employees of MACON, including but not
limited to LEWIS that were hostile, illegal, outrageous, malicious and detrimental to the
40. During her employment with MACON, the Chairman of the Board of
MACON and members of the County Board of MACON, knew or in the exercise of
reasonable care should have known that personnel of MACON, including but not limited
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to Kim Tarvin were engaging in actions against employees of MACON that were in
41. That despite MACON’s knowledge of the illegal actions of its supervisory
personnel and MACON’s corporate counsel, Edward Flynn, MACON terminated LEWIS
Count III of her Complaint brought in the alternative to Count 1 of her Complaint.
42. At all times relevant to the matters set forth in this Complaint there was in
effect in the State of Illinois a certain statute known as the Illinois Whistleblower
43. At all times relevant to the matters set forth in this Amended Complaint,
the provisions of 740 ILCS 174/15 provided in pertinent part the following:
(a) An employer may not retaliate against an employee who discloses information
committee, or in any other proceeding, where the employee has reasonable cause
to believe that the information discloses a violation of a State or federal law, rule,
or regulation.
(b) An employer may not retaliate against an employee for disclosing information
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Retaliation for certain refusals prohibited. An employer may not retaliate against
violation of a State or federal law, rule, or regulation, including, but not limited
Any other act or omission not otherwise specifically set forth in this Act, whether
overlook the actions of personnel of MACON, and due to the affirmative reporting by
LEWIS of the foregoing illicit and illegal acts of personnel of MACON, LEWIS was
retaliated against in the workplace and eventually her employment was terminated on or
46. The actions of MACON violated the provisions of 740 ILCS 174/1, and
more specifically, the applicable provisions of Section 15, 20 and 20.1, by retaliating
against LEWIS as a result of her disclosure to MACON that employees of MACON and
SCOTT were believed to be violating the laws of the State of Illinois and other federal
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through its members of the County Board of MACON asserted in this Count III, LEWIS
a. Compensation for back pay and other employer sponsored benefits owed
b. Compensation for front pay and other employer sponsored benefits lost by
c. All other compensatory damages available under the federal and state laws
WHEREFORE, Plaintiff, ROBYN LEWIS, hereby prays for the following relief
A. Reinstatement to her position with all back pay, employee benefits, and
pension benefits;
B. If no comparable position is available, then an award for front pay and all
C. All other compensatory damages available under the federal and state laws
D. Such other and further relief as this Court deems equitable and proper.
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COUNT IV
NOW COMES Plaintiff, CONE, and for Count IV of her Complaint alleged in the
CONE was exposed to a work place environment that was tainted by overtly
39. During her employment with MACON, the Chairman of the Board of
MACON and members of the Board of Directors of MACON, knew or in the exercise of
reasonable care should have known that personnel of MACON, including but not limited
to Kim Tarvin were engaging in actions against employees of MACON, including but not
limited to CONE that were hostile, illegal, outrageous, malicious and detrimental to the
40. During her employment with MACON, the Chairman of the Board of
MACON and members of the County Board of MACON, knew or in the exercise of
reasonable care should have known that personnel of MACON, including but not limited
to Kim Tarvin were engaging in actions against employees of MACON that were in
41. That despite MACON’s knowledge of the illegal actions of its supervisory
personnel and MACON’s corporate counsel, Edward Flynn, MACON terminated CONE
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42. At all times relevant to the matters set forth in this Complaint there was in
effect in the State of Illinois a certain statute known as the Illinois Whistleblower
43. At all times relevant to the matters set forth in this Amended Complaint,
the provisions of 740 ILCS 174/15 provided in pertinent part the following:
(a) An employer may not retaliate against an employee who discloses information
committee, or in any other proceeding, where the employee has reasonable cause
to believe that the information discloses a violation of a State or federal law, rule,
or regulation.
(b) An employer may not retaliate against an employee for disclosing information
Retaliation for certain refusals prohibited. An employer may not retaliate against
violation of a State or federal law, rule, or regulation, including, but not limited
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Any other act or omission not otherwise specifically set forth in this Act, whether
44. CONE refused to participate in or otherwise overlook the illicit and illegal
overlook the actions of personnel of MACON, and due to the affirmative reporting by
CONE of the foregoing illicit and illegal acts of personnel of MACON, CONE was
retaliated against in the workplace and eventually her employment was terminated on or
46. The actions of MACON violated the provisions of 740 ILCS 174/1, and
more specifically, the applicable provisions of Section 15, 20 and 20.1, by retaliating
against CONE as a result of her disclosure to MACON that employees of MACON and
SCOTT were believed to be violating the laws of the State of Illinois and other federal
through its members of the County Board of MACON asserted in this Count IV, CONE
a. Compensation for back pay and other employer sponsored benefits owed
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b. Compensation for front pay and other employer sponsored benefits lost by
c. All other compensatory damages available under the federal and state laws
WHEREFORE, Plaintiff, LEAH CONE, hereby prays for the following relief
A. Reinstatement to her position with all back pay, employee benefits, and
pension benefits;
B. If no comparable position is available, then an award for front pay and all
C. All other compensatory damages available under the federal and state laws
D. Such other and further relief as this Court deems equitable and proper.
COUNT V
NOW COMES Plaintiff, ROBYN LEWIS, and for Count V of her Complaint
LEWIS was exposed to a work place environment that was tainted by overtly
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39. During her employment with MACON, the Chairman of the Board of
MACON and members of the Board of Directors of MACON, knew or in the exercise of
reasonable care should have known that personnel of MACON, including but not limited
to Kim Tarvin were engaging in actions against employees of MACON, including but not
limited to LEWIS that were hostile, illegal, outrageous, malicious and detrimental to the
40. During her employment with MACON, the Chairman of the Board of
MACON and members of the County Board of MACON, knew or in the exercise of
reasonable care should have known that personnel of MACON, including but not limited
to Kim Tarvin were engaging in actions against employees of MACON that were in
41. That despite MACON’s knowledge of the illegal actions of its supervisory
personnel and MACON’s corporate counsel, Edward Flynn, MACON terminated LEWIS
42. That at all times relevant to the matters set forth in this Amended
Complaint there was in full force and effect a certain statute found at 42 U.S.C.A. Section
Every person who, under color of any statute, ordinance, regulation, custom, or
usage, of any State or Territory or the District of Columbia, subjects, or causes to
be subjected, any citizen of the United States or other person within the
jurisdiction thereof to the deprivation of any rights, privileges, or immunities
secured by the Constitution and laws, shall be liable to the party injured in an
action at law, suit in equity, or other proper proceeding for redress.... 42 USCS §
1983 West (2018).
43. That as a consequence of the acts of MACON set forth herein, MACON
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violated LEWIS’ First Amendment right to associate with persons holding political
affiliations other than those held by SCOTT and other than those promoted for the benefit
her refusal to be subjected to illegal electioneering and the obligation imposed by SCOTT
and other employees of MACON to support SCOTT and his political party, MACON
violated the constitutionally protected rights of LEWIS afforded under the First
Amendment.
through its members of the County Board of MACON asserted in this Count V, LEWIS
a. Compensation for back pay and other employer sponsored benefits owed
b. Compensation for front pay and other employer sponsored benefits lost by
c. All other compensatory damages available under the federal and state laws
WHEREFORE, Plaintiff, ROBYN LEWIS, hereby prays for the following relief
A. Reinstatement to her position with all back pay, employee benefits, and
pension benefits;
B. If no comparable position is available, then an award for front pay and all
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C. All other compensatory damages available under the federal and state laws
D. Such other and further relief as this Court deems equitable and proper.
COUNT VI
NOW COMES Plaintiff, LEAH CONE, and for Count VI of her Complaint
CONE was exposed to a work place environment that was tainted by overtly
39. During her employment with MACON, the Chairman of the Board of
MACON and members of the Board of Directors of MACON, knew or in the exercise of
reasonable care should have known that personnel of MACON, including but not limited
to Kim Tarvin were engaging in actions against employees of MACON, including but not
limited to CONE that were hostile, illegal, outrageous, malicious and detrimental to the
40. During her employment with MACON, the Chairman of the Board of
MACON and members of the County Board of MACON, knew or in the exercise of
reasonable care should have known that personnel of MACON, including but not limited
to Kim Tarvin were engaging in actions against employees of MACON that were in
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41. That despite MACON’s knowledge of the illegal actions of its supervisory
personnel and MACON’s corporate counsel, Edward Flynn, MACON terminated CONE
42. That at all times relevant to the matters set forth in this Amended
Complaint there was in full force and effect a certain statute found at 42 U.S.C.A. Section
Every person who, under color of any statute, ordinance, regulation, custom, or
usage, of any State or Territory or the District of Columbia, subjects, or causes to
be subjected, any citizen of the United States or other person within the
jurisdiction thereof to the deprivation of any rights, privileges, or immunities
secured by the Constitution and laws, shall be liable to the party injured in an
action at law, suit in equity, or other proper proceeding for redress.... 42 USCS §
1983 West (2018).
43. That as a consequence of the acts of MACON set forth herein, MACON
violated CONE’S First Amendment right to associate with persons holding political
affiliations other than those held by SCOTT and other than those promoted for the benefit
her refusal to be subjected to illegal electioneering and the obligation imposed by SCOTT
and other employees of MACON to support SCOTT and his political party, MACON
violated the constitutionally protected rights of CONE afforded under the First
Amendment.
through its members of the County Board of MACON asserted in this Count VI, CONE
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a. Compensation for back pay and other employer sponsored benefits owed
b. Compensation for front pay and other employer sponsored benefits lost by
c. All other compensatory damages available under the federal and state laws
WHEREFORE, Plaintiff, LEAH CONE, hereby prays for the following relief
A. Reinstatement to her position with all back pay, employee benefits, and
pension benefits;
B. If no comparable position is available, then an award for front pay and all
C. All other compensatory damages available under the federal and state laws
D. Such other and further relief as this Court deems equitable and proper.
COUNT IV
NOW COMES Plaintiff, ROBYN LEWIS, and for Count VII of her Complaint
Complaint.
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with MACON and her employment with MACON were terminated on July 7, 2016.
Respectfully Submitted,
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Tuesday, 10 July, 2018 09:48:58 AM
Clerk, U.S. District Court, ILCD