Cook Co., Ill. (ECWd) –
Illinois State Senator Michael Hastings filed a lawsuit earlier this year directed at people he believed were responsible for disseminating messages critical of him leading up to the 2022 election. The lawsuit was largely dismissed, with a hearing to be scheduled for sanctions.
Defendant(s) have filed a Motion to Dismiss and for Sanctions against Hastings.
Among the things the Hastings complaint alleges are that Defendants spoofed telephone messaging systems to send anonymous messages to prospective voters, and:
(a) publicized defamatory falsehoods about Plaintiff with actual malice; (b) crafted and circulated inflammatory and obscene images using Plaintiff’s name and likeness; (c) harassed and invaded Plaintiff’s privacy by casting him in a false and unflattering light before the public at large; and (d) otherwise colluded with the intent of (1) tarnishing Plaintiff’s good name throughout the State of Illinois; (2) disrupting Plaintiff’s ability to meet his official responsibilities as an active member of the State’s legislature; and (3) interfering with Plaintiff’s campaign for senate and his existing and prospective relationships and business ventures.
The Complaint lists 10 Counts as: Defamation Per Se (Counts I, II, and III), False Light Invasion of Privacy (Counts IV, V, and VI), Nonconsensual Dissemination of Digitally Altered Sexual Images (Counts VII, VIII, and IX), and Civil Conspiracy (Count X).
There were allegedly three images sent via text messages, several politically charged text messages, and obscene text messages.
From the Court’s Order dismissing most of this complaint:
- DISMISSED: Counts I – VI (defamation per se and false light invasion of privacy) dismissed due to expiration of statute of limitations that an amended complaint cannot cure
- DISMISSED: Count X (civil conspiracy) as it relates to the defamation and false lights allegations due to the expiration of the statute of limitations that an amended complaint cannot cure
The court will conduct an evidentiary hearing on the Motion for Sanctions.
Hastings was permitted to amend Counts VII-IX (IIED Counts) and Count X (civil conspiracy) as they relate to the IIED allegations.
According to SouthCookNews.com,
Hastings originally sought $6 million from each defendant, alleging defamation, false light invasion of privacy, non-consensual dissemination of sexualized images, and civil conspiracy.
Now, a motion for sanctions seeks reimbursement for defendants’ legal fees and a dismissal of the remaining claims, which now focus on emotional distress and related conspiracy allegations.
Patrick Walsh, attorney for Tinley Park’s mayor, Glotz, described the lawsuit as politically motivated and filed in bad faith.
“I contacted Senator Hastings’ attorney and sent him a safe harbor notice, letting him know that his complaint was filed long past the statute of limitations, and that we believe it was filed for political purposes, and that we would give him an opportunity to dismiss the case, consider it just a mistake, and not seek sanctions,” Walsh told South Cook News.
Walsh said Hastings’ lawyers refused to drop the lawsuit, prompting him to file a dismissal motion.
“They refused to dismiss it voluntarily,” Walsh said. “So we filed a motion to dismiss and request sanctions based on the complaint being filed in bad faith and on the fact that they knew it was filed long beyond the statute of limitations having expired.”
