Election Law

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7^th Circuit Court of Appeals

Case Name: Todd Reardon, Sr. v. Jesse Danley

Case No.: 22-2404

Officials: Flaum, Rovner, and St. Eve, Circuit Judges

Focus: Election Law

In 2020, Reardon ran for Coles County State’s Attorney but was not successful, as the incumbent, Danley, retained the position. Subsequently, Reardon filed a lawsuit under 42 U.S.C. 1983 against various public officials, including Danley, as well as the City of Mattoon and Coles County. He alleged that his First, Fourth, and Fourteenth Amendment rights were violated. However, the Seventh Circuit upheld the dismissal of the lawsuit.

In 2019, during an investigation into a perjury/bribery case in which Reardon was potentially involved, Danley and the Mattoon Police Department (MPD) subpoenaed Reardon’s Facebook account information. Reardon attempted to challenge the subpoena (motion to quash), but the court denied it. However, the court refrained from releasing the documents until after a probable cause hearing. The Seventh Circuit emphasized that under section 1983, injunctive relief against judicial officers is limited.

Regarding an incident before the election, Coles County Board Member Metzger removed a campaign sign of Reardon from a resident’s lawn, mistakenly believing it was installed without permission. The Board concluded that no further action was necessary. However, Reardon’s claim that Metzger was “acting under color of state law” was not sufficiently substantiated, and Coles County cannot be held liable based on alleged ratification of Metzger’s actions.

Additionally, two weeks before the election, Mattoon Chief of Police Taylor posted a photo of himself in uniform, along with Danley, inside his office on the official MPD Facebook page. The caption encouraged people to vote for Danley. Reardon did not provide any supporting evidence to demonstrate that Taylor or Danley’s actions violated the Constitution.

Affirmed.

Decided 07/21/23

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