Jason Gonzales v. Michael J. Madigan, et al.

The Seventh Circuit affirmed the district court’s entry of summary judgment for Defendants on the grounds that the pre-election publicity of Petitioner’s allegations of misconduct, made during an election campaign, served to eliminate any violation of 42 U.S.C. §1983 or 42 U.S.C. §1985(3) stemming from Defendants’ alleged misconduct, even if proven to exist at trial. One question is presented: Do the protections of the First Amendment bar use of a candidate’s unproven allegations of electoral misconduct during an election campaign as a basis for the entry of summary judgment against the candidate’s post-election claims for deprivation of constitutional rights based on the same allegations as made during the campaign?