Today, we move to the fourth installment on the motion filed by former Deputy Sheriff Zane Seipler’s lawyer Blake Horwitz requesting sanctions against McHenry County Sheriff Keith Nygren for releasing confidential information.
This is occurring in Seipler’s Federal wrongful termination suit being heard in Rockford.
Paragraphing and formatting has been added in the text to make the text easier to read on a computer screen.
A second alleged violation of the Court’s Protective Order is described next.
“Second Violation of Court Order
“On April 9, 2007, a police report was filed by Rosalinda Saucedo-Seipler with the Woodstock Police Department, Woodstock Police Report #07-4183. The report contains very personal information regarding a domestic incident between Plaintiff Zane Seipler and his wife, Rosalinda Saucedo-Seipler (Exhibit E).
“On or around January 22, 2010, the Woodstock Police report #07-4183 was widely disseminated to the deputy officers at the McHenry County Police Department [Foot Note 2].
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Foot Note 2. “Deputy Tim Matteson, a deputy of the McHenry County Sheriff’s Department personally observed a copy of the report in his mailbox and saw several reports placed in the mailboxes of various deputies and on a table in the Patrol Roll Call room in the McHenry County Sheriff’s made available in roll call two weeks prior to the primary.= = = = =
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“The report was unlawfully placed in the mailboxes of several Deputy Officers and put on tables in the Patrol Roll Call room in McHenry County Sheriff’s Department without the permission or knowledge of Rosalinda Saucedo-Seipler or Zane Seipler.
“Mr. Seipler was a Republican candidate for Sheriff. The Woodstock police report was placed in the boxes and
made available in roll call two weeks prior to the primary.”
“Department (Exhibit F). Deputy Matteson spoke to Deputy Milliman regarding the report, who stated that he saw several copies of the report in various areas of the Squad room in the McHenry County Sheriff’s Department.
“At the time, Zane Seipler was running for the position of Sheriff of McHenry County and the illegal distribution of the report negatively influenced his political campaign.
“Newspaper reporters, Chuck Keashan of the Daily Herald and Jillian Duchowski of Northwest Herald, contacted Zane Seipler to inquire about this personal matter.
“Finally, Seipler’s domestic incident was discussed on online blogs (e.g. http://antiwoodstockadvocate.blogspot.com) and in the comment sections of numerous Northwest Herald articles.
“The release of this report affected both Zane Seipler’s career and reputation in McHenry County.
“On February 23, 2010, Robert W. Lowen, the Chief of Police of the Woodstock Police Department wrote a letter to Rosalinda Saucedo-Seipler regarding the results of the investigation (Exhibit G).
“Chief Lowen wrote that there were two different requests to access the report through the City of Woodstock Freedom of Information Act. Chief Lowen and Officer Cindy Smiley recommended denial of these requests and stated that the report was not disseminated to the two entities that requested the report via FOIA.
“Chief Lowen also stated in this letter that the report was released by subpoena.
“The only firm that subpoenaed the materials was James G. Sotos and Associates. This firm admits having secured the documents via subpoena.
“As illustrated above, the law firm of James G. Sotos and Associates and the Defendant Officers were the only entities who were given access to the report through the use of a subpoena. As a result, they were the only persons who could have unlawfully distributed the report to the McHenry County Sheriff’s Department.”
Addition detail is included, then…
“Defendant’s distribution of the report was in direct violation of the Confidentiality Order entered by both parties: ‘The Parties will not use or disclose the PHI and/or Confidential Matter released in this proceeding for any other purpose or any other proceeding.’
“The dissemination of the report is a clear violation of Illinois law. 20 ILCS 2630/7 Sec. 7.
“No file or record of the Department hereby created shall be made public, except as provided in the ‘Illinois Uniform Conviction Information Act’ or other Illinois law or as may be necessary in the identification of persons suspected or accused of crime and in their trial for offenses committed after having been imprisoned for a prior offense …Violation of this Section shall constitute a Class A misdemeanor.
“In this instance, the distribution of the report by Defendants is a clear abuse of their official position.
“By releasing private information with regards to a candidate and citizen who was running for political office, the public good was harmed and the law was violated.”
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