The sexual harassment lawsuit that helped derail State Treasurer Dan Rutherford's campaign to be GOP challenger to Gov. Pat Quinn has been thrown out, but Rutherford's accuser says that he plans to refile his claim, NBC 5 reported June 4.
Ed Michalowski, who accused Rutherford of not only sexual harassment but of forcing him to work on Rutherford's gubernatorial campaign while on the state clock, has until June 12 to submit a new claim.
U.S. District Judge Joan Lefkow dismissed the suit this week, after Rutherford's lawyers claimed that Michalowski had no plausible claims in the suit, CBS 2 reported.
The lawsuit emerged in the weeks before the March primary elections. Even before details about the suit were released, Rutherford went public with part of the story, calling a press conference Jan. 31 to say that he was being shaken down for $300,000 by interests tied to rival primary candidate Bruce Rauner, who eventually won the primary election. Rutherford also said he planned on an internal investigation.
Rutherford made the announcement without referencing specifics of the allegations. He told Windy City Times in February, "The challenge I have is, I can't mention the name, or the allegations, or the facts that I have to refute themthat's what puts it in a politically tenuous situation just before the election."
Rutherford came in fourth in the GOP gubernatorial primary March 18.