Federal District Court Judge Fredrick Kapala refused to dismiss a second case brought by two men fired by McHenry County Sheriff Keith Nygren, this time the one brought by Scott Milliman.
Milliman was fired by Nygren for testifying in a required deposition in the case of now-reinstated Deputy Zane Seipler.
In his testimony, Milliman, to put it in the words of Monday’s decision, “alleged
- excessive force used by other deputies
- retaliation that Milliman and other deputies faced for reporting unlawful conduct
- Nygren’s involvement in ‘ticket fixing’
- Nygren’s acceptance of bribes
- Nygren’s involvement in a fraudulent scheme to procure SBA [Small Business Administration] loans and then share the proceeds while permitting the loans to go into default
- ‘general corruption’ within the Sheriff’s Office”
“Milliman also accused Nygren of soliciting him to commit two murders on Nygren’s behalf and of receiving payment to smuggle illegal aliens into the country.”
Retaliation up to and including firing are alleged by Milliman in his request for reinstatement and damages.
The Judge dismissed three of six counts, gave permission to explicitly name Undersheriff Andrew Zinke in another count and denied permission to include, along with Nygren, Zinke, John Miller, Steven Schmitt and Ken Nielson in two deprivation of First Amendment rights counts.
The Court also refused to rule out the possibility that Milliman might be reinstated in his job as Sheriff’s Deputy.
“Defendants boldly state, without further explanation or citation to any particular portion of the complaint, that ‘reinstatement would not be reasonable or feasible under the facts pleaded in the complaint,'” the decision reads.
“The court is not persuaded,” the next sentence reads.
“The command structure at the MCSO could change in the interim during this litigation…Nygren is an elected official who could be voted out of office, or choose to retire, prior to any order of reinstatement being issued…that portion of defendants’ motion is denied.”
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Article one is here.
Article two is here.
Article three is here.