The Collins Law Firm, P.C.
| 1770 N. Park Street Suite 200 Naperville, IL 60563 (630) 527-1595 |
 |
| |
 |
| |
 |
| |
 |
| |
 |
GROUNDBREAKING LEGAL DECISION TOSSES $6 MILLION DEFAMATION LAWSUIT AGAINST FORMER
COLLEGE OF DUPAGE TRUSTEES
In a groundbreaking legal decision, today, DuPage County Circuit Judge Joseph Bongiorno granted a motion to dismiss
brought under the new Illinois Citizen Participation Act by three female defendants -- all former members of the College
of DuPage Board of Trustees -- who had been sued by COD Board Chairman Michael McKinnon for alleged defamatory
statements.
McKinnon's lawsuit, filed in October of 2008, alleged that defendants Mary Mack, Jane Herron, and Mary Sue Brown had
all made false statements concerning McKinnon's sexual remarks and behavior toward them. McKinnon, who is seeking
re-election in April to the COD Board, alleged that the three former COD Board Members had made these statements as
part of a "political vendetta" against him, and sought compensatory and punitive damages totalling $6M against the
three.
Mack, Herron, and Brown moved to dismiss under the Citizen Participation Act, which was enacted in August, 2007 .
The Act forbids lawsuits which are designed to intimidate or punish those who engage in constitutionally protected
speech. It gives plaintiffs like McKinnon the burden to prove that his lawsuit is not designed to punish free speech.
Mack, Herron and Brown sought dismissal by contending that the statements they had made concerning McKinnon
were not defamatory -- and instead were true -- and further that the statements had been made in seeking, and
participating in, a COD investigation into McKinnon's behavior toward them. The investigation was undertaken in
2007; COD hired a private attorney who conducted interviews on the matter, and prepared a report.
COD has refused to release copies of the investigative report.
In ruling today in favor of the three defendants, Judge Bongiorno recognized the purpose of the Act, and found that
plaintiff McKinnon had not proved that his lawsuit had been brought for a proper purpose.
Lawyers for the defendants believe that this is the first ruling of its kind under the Citizen Participation Act in DuPage
County, and among the very first throughout the State of Illinois.
Shawn Collins, lawyer for Defendant Mary Mack, said, "This is a great day for free speech. McKinnon's lawsuit sought
$6M in damages against a small business owner, a librarian and a social worker, for statements they made as part of a
COD investigation into McKinnon's alleged misconduct. It was a very obvious effort to muzzle people demanding
political and governmental accountability. Thankfully, the First Amendment and this new Illinois law protect people
like Mary Mack when they do so."