Levin v. Madigan et al

Filing 16

Plaintiff's First AMENDED complaint by Harvey N. Levin against all defendants Lisa Madigan, individually, and as Illinois Attorney General, Office of The Illinois Attorney General, The State of Illinois, Ann Spillane, individually, Alan Rosen, individually, Roger Flahaven, individually, and Deborah Hagen, individually (Theobald, Edward)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
HARVEY N. LEVIN,

)
)
Plaintiff,
)
)
v.
)
)
)
LISA MADIGAN, individually, and
)
as ILLINOIS ATTORNEY GENERAL, )
OFFICE OF THE ILLINOIS
)
ATTORNEY GENERAL,
)
THE STATE OF ILLINOIS,
)
ANN SPILLANE, individually,
)
ALAN ROSEN, individually,
)
ROGER P. FLAHAVEN, individually,
)
and DEBORAH HAGEN, individually, )
)
Defendants.
)

No. 07 C 4765
The Honorable David H. Coar
Judge Presiding
Jury Trial Demanded

PLAINTIFF’S FIRST AMENDED COMPLAINT
Plaintiff, HARVEY N. LEVIN, by and through his attorney, EDWARD R.
THEOBALD, for his complaint against Defendants, states as follows:
COUNT I
AGE DISCRIMINATION – ADEA
1.

This action is brought pursuant to the Age Discrimination in Employment

Act (hereinafter “ADEA”), 29 U.S.C. Sec. 621 et seq., as amended.

This Court has

jurisdiction of this complaint under 29 U.S.C. Sec. 626(c), Title VII, Civil Rights Act of 1964,
42 U.S.C. Section 2000e-5 et seq. as amended, 28 U.S.C. Sections 1331 and 1343 and 745
ILCS 5/1.5. Venue for the acts alleged below is proper in this District.

1

2.

Plaintiff, HARVEY N. LEVIN, is male, 62 years old and resides in Chicago,

Cook County, Illinois.
3.

Defendants, LISA MADIGAN, not individually, but officially as Illinois

Attorney General, the OFFICE of the ILLINOIS ATTTORNEY GENERAL, and the
STATE OF ILLINOIS, hereinafter referred to as “defendants” are located at the
Thompson Center, 100 West Randolph, Chicago, Cook County, IL 60601.
4.

Defendants employ in excess of 500 employees and are employers defined

by Title VII, 42 U.S.C. Sec. 2000 (e) et seq., and the Age Discrimination in Employment
Act (“ADEA”), 29 U.S.C. Sec. 621 et seq.
5.

Since on or about September 5, 2000, plaintiff was employed by

defendants as an Assistant Attorney General in the Consumer Fraud Bureau.
6.

In 2002, plaintiff was promoted to Senior Assistant Attorney General, the

second lowest attorney position, and was an employee as defined by Title VII, 42 U.S.C.
Sec. 2000 (e) et seq., and the ADEA, 29 U.S.C. Sec. 621 et seq.
7.

Throughout his employment, plaintiff’s job performance was more than

satisfactory and he consistently met or exceeded his employer’s legitimate job
expectations.
8.

Defendants’ last performance rating of plaintiff prior to May 12, 2006

rated plaintiff as “Exceeds Expectations” – the highest rating on six out of twelve
categories and “Meets Expectations” on the remaining performance criteria.

2

9.

On or about May 12, 2006, defendants intentionally discriminated against

plaintiff due to his age and sex and unlawfully terminated plaintiff’s employment.
10.

Defendants did not terminate the employment of similarly situated

employees whose work performance was inferior to plaintiff’s work performance, or
defendants intentionally treated plaintiff differently than similarly situated female
employees, or defendants intentionally treated plaintiff differently than similarly
situated employees substantially younger than plaintiff.
11.

Defendants replaced plaintiff with an individual who was less qualified

than him, who is substantially younger than plaintiff, and female.
12.

Defendants intentionally terminated two other male Assistant Attorneys

General, over the age of 50, in the Consumer Fraud Bureau in Chicago.
13.

The other two male Assistant Illinois Attorneys General, over the age of

50, who were terminated on May 12, 2006 and on May 16, 2006, had work performances
that were satisfactory or better and were also replaced with individuals who were less
qualified, younger than them and, or female.
14.

Plaintiff’s age or sex was a motivating factor in defendants’ decision to

terminate his employment on or about May 12, 2006, all in violation of Title VII, 42
U.S.C. Sec. 2000 (e) et seq. and the Age Discrimination in Employment Act (ADEA), 29
U.S.C. Sec. 621 et seq.
15.

Defendants

maliciously

and

intentionally

engaged

in

discriminatory conduct which caused severe emotional distress upon plaintiff.

3

the

above

16.

As a result of defendants’ intentional discriminatory conduct above,

plaintiff lost his job, suffered lost wages, lost income, lost employment benefits of the
State of Illinois, lost insurance benefits and his ability to pursue his career as a Senior
Assistant Attorney General free from discrimination based upon his sex and, or age.
17.

As a further result of defendants’ intentional discriminatory conduct and

harassment as described above, plaintiff has suffered and continues to suffer great
emotional stress and strain, humiliation, loss of dignity, embarrassment, and loss of
reputation.
18.

All acts occurred in the Northern District of Illinois, Eastern Division.

19.

Plaintiff demands trial by jury on all issues in this count.

20.

On November 3, 2006, plaintiff filed a verified charge of age and sex

discrimination

against

defendants

with

the

Equal

Employment

Opportunity

Commission (EEOC) in Chicago, Illinois.
21.

Plaintiff's verified charge of age and sex discrimination was filed at the

Illinois Department of Human Rights (IDHR) on November 3, 2006 and the IDHR
deferred processing plaintiff's charge to the EEOC pursuant to the work sharing
agreement between the EEOC and the IDHR.
22.

On July 27, 2007, the EEOC issued a right to sue notice to plaintiff on the

above charge of sex and age discrimination filed at the EEOC on November 3, 2006. On
July 27, 2007, plaintiff received the EEOC's right to sue notice.

4

23.

On August 23, 2007, plaintiff filed this action, within 90 days of receiving a

notice of right to sue complying with all prerequisites for maintaining this action as
required by Title VII, 42 U.S.C. Sec. 2000e-2 et seq., and ADEA, 29 U.S.C. Sec. 621 et seq.
24.

Plaintiff has exhausted all administrative remedies and complied with the

statutory prerequisites for maintaining an action under Title VII, 42 U.S.C. Sections 2000e2 et seq., and the Age Discrimination in Employment Act, 29 U.S.C. Sec. 621 et seq.
25.

Plaintiff was an employee as defined by Title VII, 42 U.S.C. Sec. 2000 (e) et

seq., and the ADEA, 29 U.S.C. Sec. 621 et seq.; to wit:
a.

Plaintiff, HARVEY N. LEVIN, has not been elected to public office in any

State or political subdivision of any State.
b.

Plaintiff, HARVEY N. LEVIN, was not chosen by the Illinois Attorney

General to be on the Illinois Attorney General’s personal staff.
c.

At all relevant times herein, the only persons on the Illinois Attorney

General’s Staff were:
Chief of Staff,
Chief Deputy Illinois Attorney General,
Deputy Chief of Staff,
Two Senior Counsels to the Attorney General,
Deputy Attorney General - Civil Litigation,
Deputy Attorney General - Criminal Justice, and
Deputy Attorney General - Child Support Enforcement.

5

d.

Assistant Attorneys General and Senior Assistant Attorneys General do

not have direct contact with the Attorney General during the performance of their
duties, and they do not personally report to the Illinois Attorney General. Assistant
Attorneys General and Senior Assistant Attorneys General have at least five (5) levels of
supervision between them and the Attorney General.
e.

Senior Assistant Attorneys General have no discretion and no authority

whatsoever in deciding which cases or lawsuits are filed, prosecuted, defended, or
settled.
f.

Senior Assistant Attorneys General do not have any authority or

discretion to decide what words, sentences, or phrases are placed in a lawsuit, or in the
resolution of a lawsuit.
g.

Senior Assistant Attorneys General do not have more authority than

Assistant Attorneys General.
h.

Plaintiff, HARVEY N. LEVIN, was not an immediate advisor to the Illinois

Attorney General, with respect to the exercise of the constitutional or legal powers of
the Illinois Attorney General.
i.

Plaintiff was not a policy maker for the Illinois Attorney General, and had

no working relationship with the Illinois Attorney General.
j.

Assistant Attorneys General and Senior Assistant Attorneys General do

not have input into the Attorney General’s decision-making on issues.

6

k.

The employment of an Assistant Attorney General or Senior Assistant

Attorney General is a career position and does not coincide with the term or terms of
office of the Illinois Attorney General.
l.

Senior Assistant Attorneys General do not have the ability to implement

the policies and goals of the Illinois Attorney General.
m.

Senior Assistant Attorneys General do not independently make

prosecutorial and other litigation decisions.
n.

Assistant Attorneys General and Senior Assistant Attorneys General do

not have authority to perform all the duties conferred by law upon the Illinois Attorney
General.
26.

The salaries, insurance and employment benefits of attorneys employed

by the Illinois Attorney General are funded by the State of Illinois.
27.

All of the Defendants’ discriminatory acts above are in violation of the Age

Discrimination in Employment Act, 29 U.S.C. Sec. 621 et seq.
WHEREFORE, Plaintiff, HARVEY N. LEVIN, prays this Honorable Court to:
A.

Enter judgment in favor of Plaintiff and against Defendants, LISA

MADIGAN, in her official capacity as ILLINOIS ATTORNEY GENERAL, the OFFICE
of the ILLINOIS ATTORNEY GENERAL, and the STATE OF ILLINOIS, jointly and
against each of them;

7

B.

Award plaintiff actual damages in the form of lost wages, lost income, lost

compensation and lost benefits and actual damages which plaintiff has suffered;
C.

Enter an order against Defendants to cease their unlawful practices;

D.

Enter an order requiring Defendants to reinstate or restore plaintiff in his

former position of Senior Assistant Attorney General and to award plaintiff all salary
and benefits that plaintiff would have received if not for the civil rights violations
committed against him by defendants;
E.

Award prejudgment interest on all lost wages, income and monies

awarded to plaintiff;
F.

Enter an order that plaintiff be awarded future damages and, or front

damages for lost wages, front pay and all employee benefits he would have received
during future years but for defendants’ unlawful conduct;
G.

Enter an order awarding plaintiff attorney's fees and costs incurred;

H.

Enter an order that defendants be required to afford plaintiff equal

employment opportunities and that he be made whole as to all wages, employee
benefits and seniority or pension benefits plaintiff would have received but for the
above civil rights violations committed against him by defendants;
I.

Enter a declaratory judgment that defendants’ actions constitute unlawful

discrimination in violation of Title VII, 42 U.S.C. Sections 2000e-2 et seq., and, or the Age
Discrimination In Employment Act (ADEA), 29 U.S.C. Sec. 621 et seq.;

8

J.

Enter an order awarding plaintiff an amount equal to twice the sum of the

monetary damages awarded to plaintiff for defendants’ intentional violations of the
ADEA or for defendants’ reckless disregard for plaintiff's rights under the ADEA
pursuant to 29 U.S.C. Sec. 621, et seq., including 29 U.S.C. Sec. 626(b);
K.

Enter an order requiring defendants to remove all allegations that plaintiff

had been terminated, from all defendants’ records, including plaintiff’s personnel file;
L.

Enter an order for other relief which this Court deems equitable, proper

and just or to make plaintiff whole in accord with Title VII and, or the ADEA;
M.

Enter an order that plaintiff be awarded actual or compensatory damages

in an amount greater than $300,000.00 for great stress, pain and suffering, emotional
pain and distress, humiliation, loss of dignity, emotional distress, embarrassment, loss
of reputation, and mental anguish.
N.

Enter an order awarding plaintiff further relief to make him whole.

9

COUNT II
SEX DISCRIMINATION
1.

This action is brought pursuant to Title VII, 42 U.S.C. Section 2000e-2 et seq.

This Court has jurisdiction of this complaint under 42 U.S.C. Section 2000e-5 et seq. as
amended, 28 U.S.C. Sections 1331 and 1343 and 745 ILCS 5/1.5. Venue for the acts alleged
below is proper in this District.
2-26.

Plaintiff realleges and incorporates paragraphs 2 through 26 of Count I as

if fully set forth herein as paragraphs 2 through 26 of Count II.
27.

All of the Defendants’ discriminatory acts above are in violation of Title VII,

42 U.S.C. Sections 2000e-2 et seq.
WHEREFORE, Plaintiff, HARVEY N. LEVIN, prays this Honorable Court to:
A.

Enter judgment in favor of Plaintiff and against Defendants, LISA

MADIGAN, in her official capacity as the ILLINOIS ATTORNEY GENERAL, the
OFFICE of the ATTORNEY GENERAL, and the STATE OF ILLINOIS, jointly and
against each of them;
B.

Award plaintiff actual damages in the form of lost wages, lost income, lost

compensation and lost benefits and actual damages which plaintiff has suffered;
C.

Enter an order against Defendants to desist in their unlawful practices;

D.

Enter an order requiring Defendants to reinstate plaintiff in his former

position of Senior Assistant Attorney General and to award plaintiff all salary and
benefits that plaintiff would have received if not for defendants’ civil rights violations;

10

E.

Award plaintiff prejudgment interest on all lost wages, income and all

other monies which are awarded to plaintiff;
F.

Enter an order that plaintiff be awarded future damages and, or front

damages for lost wages, front pay and all employee benefits he would have received
during the future years but for defendants’ unlawful conduct;
G.

Enter an order awarding plaintiff attorney's fees and costs incurred herein;

H.

Enter an order that defendants be required to afford plaintiff equal

employment opportunities and that he be made whole as to all wages, employee
benefits and seniority or pension benefits plaintiff would have received but for the
above civil rights violations committed against him by defendants;
I.

Enter a declaratory judgment that defendants’ actions violate Title VII, 42

U.S.C. Sec. 2000e-2 et seq., and, or the ADEA, 29 U.S.C. Sec. 621 et seq.;
J.

Enter an order requiring defendants to destroy records reflecting

plaintiff’s termination;
K.

Enter an order for other relief which this Court deems equitable, proper

and just or to make plaintiff whole in accord with Title VII and, or the ADEA;
L.

Enter an order that plaintiff be awarded actual or compensatory damages

in an amount greater than $300,000.00 for great stress, pain and suffering, emotional
pain and distress, humiliation, loss of dignity, emotional distress, embarrassment, loss
of reputation, and mental anguish.

11

COUNT III
SEX DISCRIMINATION - EQUAL PROTECTION
1.

This action is brought pursuant to the Equal Protection Clause of the 14th

Amendment to the United States Constitution by and through 42 U.S.C. Section 1983
and jurisdiction arises under 28 U.S.C. Sections 1331 and 1343. Venue for the acts
alleged below is proper in this District.
2.
SPILLANE,

At all times herein, defendants, LISA MADIGAN, individually, ANN
individually,

ALAN

ROSEN,

individually,

ROGER

FLAHAVEN,

individually, and DEBORAH HAGEN, individually, acted under color of law, statutes,
customs, or ordinances of the State of Illinois.
3.

Plaintiff, HARVEY N. LEVIN, sues defendants, ANN SPILLANE,

individually, LISA MADIGAN, individually, ALAN ROSEN, individually, ROGER
FLAHAVEN, individually, and DEBORAH HAGEN, individually, in their individual
capacities.
4.

Plaintiff, HARVEY N. LEVIN, is male, 62 years old and resides in Chicago,

Cook County, Illinois.
5.

At all relevant times herein, defendant, LISA MADIGAN, was the Illinois

Attorney General with an office located at the Thompson Center, 100 West Randolph,
Chicago, Cook County, IL 60601.

12

6.

At all relevant times herein, defendant, ANN SPILLANE, was the Chief of

Staff for the Illinois Attorney General with an office located at the Thompson Center,
100 West Randolph, Chicago, Cook County, IL 60601.
7.

At all relevant times herein, defendant, ALAN ROSEN, was the Chief

Deputy Illinois Attorney General with an office located at the Thompson Center, 100
West Randolph, Chicago, Cook County, IL 60601.
8.

At all relevant times herein, defendant, ROGER P. FLAHAVEN, was the

Deputy Illinois Attorney General for Civil Litigation, with an office located at the
Thompson Center, 100 West Randolph, Chicago, Cook County, IL 60601.
9.

At all relevant times herein, defendant, DEBORAH HAGEN, was the Chief

of the Illinois Attorney General’s Consumer Protection Division, with offices located in
Springfield, Illinois and the Thompson Center, 100 West Randolph, Chicago, Cook
County, IL 60601.
10.

Since on or about September 5, 2000, plaintiff was employed by the Illinois

Attorney General, the OFFICE of the ILLINOIS ATTTORNEY GENERAL, and the
STATE OF ILLINOIS, as an Assistant Attorney General in the Consumer Fraud Bureau.
11.

In 2002, plaintiff was promoted to Senior Assistant Attorney General, the

second lowest attorney position.
12.

Throughout his employment, plaintiff’s job performance was more than

satisfactory and he consistently met or exceeded his employer’s legitimate job
expectations.

13

13.

Defendants’ last performance rating of plaintiff prior to May 12, 2006

rated plaintiff as “Exceeds Expectations” – the highest rating on six out of twelve
categories and “Meets Expectations” on the remaining performance criteria.
14.

Throughout her employment with the Illinois Attorney General,

defendant, DEBORAH HAGEN, Chief of the Illinois Attorney General’s Consumer
Protection Division, preferred that all Assistant Attorneys General be young women.
15.

At all relevant times herein, defendant, DEBORAH HAGEN, on many

occasions refused to even read resumes or applications for employment for attorney
positions that were submitted by male applicants.
16.

On or about May 12, 2006, defendant, DEBORAH HAGEN, knowingly

urged defendants, LISA MADIGAN, ANN SPILLANE, ALAN ROSEN, and ROGER
FLAHAVEN, to intentionally terminate plaintiff’s employment because of his sex and his
age, which was then 61. Thereafter, each individual defendant knowingly agreed to
terminate plaintiff’s employment based upon his sex (male) and age (61 years old).
17.

On or about May 12, 2006, defendants, DEBORAH HAGEN, knowingly

urged defendants, LISA MADIGAN, ANN SPILLANE, ALAN ROSEN, and ROGER
FLAHAVEN, to knowingly and intentionally terminate the employment of two other
male attorneys assigned to the Illinois Attorney General’s Consumer Fraud Bureau in
Chicago because of their sex and age, both of whom were over 50 years old.

14

18.

Prior to May 12, 2006, none of the defendants, or anyone employed by the

Attorney General, provided plaintiff with any kind of notice or warning that his job
performance was anything less than exceeding his employer’s expectations.
19.

On or about May 12, 2006 and on May 16, 2006, at the Attorney General’s

Office located at 100 West Randolph, Chicago, Cook County, IL, pursuant to
defendants’ agreements above, defendants, LISA MADIGAN, ANN SPILLANE, ALAN
ROSEN, ROGER FLAHAVEN and DEBORAH HAGEN, knowingly and intentionally
terminated plaintiff’s employment and two other male attorneys assigned to the Illinois
Attorney General’s Consumer Protection Division because of their sex and age.
20.

On or about May 12, 2006 and on May 16, 2006, pursuant to defendants’

discriminatory agreements above, defendants LISA MADIGAN, and ANN SPILLANE
knowingly and intentionally instructed defendants, ALAN ROSEN and ROGER
FLAHAVEN, to meet with plaintiff at the Attorney General’s Office located at 100 West
Randolph, Chicago, Cook County, IL and intentionally terminate plaintiff’s employment,
along with two other male attorneys assigned to the Illinois Attorney General’s
Consumer Fraud Bureau in Chicago, both of whom were over 50 years old.
21.

On May 12, 2006, defendant, ALAN ROSEN, Chief Deputy Attorney

General, and defendant, ROGER FLAHAVEN, Deputy Illinois Attorney General for
Civil Litigation, summoned plaintiff, HARVEY N. LEVIN, and without explanation,
intentionally, knowingly and unlawfully terminated plaintiff because of his sex and age.

15

22.

On May 12, 2006, defendant, ALAN ROSEN, Chief Deputy Attorney

General, and defendant, ROGER FLAHAVEN, Deputy Illinois Attorney General for
Civil Litigation, summoned one of the other male attorneys, over 50 years old, who was
assigned to the Illinois Attorney General’s Consumer Protection Division, and without
explanation, intentionally and knowingly terminated him because of his sex and age.
23.

Since the other male attorney was not in the office on May 12, 2006, a few

days later on May 16, 2006, defendant, ALAN ROSEN, Chief Deputy Attorney General,
and defendant, ROGER FLAHAVEN, Deputy Illinois Attorney General for Civil
Litigation, summoned that male attorney, over 50 years old, assigned to the Illinois
Attorney

General’s

Consumer

Protection

Division,

and

without

explanation,

intentionally, knowingly and unlawfully terminated him because of his sex and age.
24.

On or about May 12, 2006, defendants, MADIGAN, SPILLANE, ROSEN,

FLAHAVEN, and HAGEN, knowingly did not terminate the employment of similarly
situated employees whose work performance was inferior to plaintiff’s work
performance, or defendants, MADIGAN, SPILLANE, ROSEN, FLAHAVEN, and
HAGEN, intentionally and knowingly treated plaintiff differently than similarly
situated female employees, or these defendants intentionally and knowingly treated
plaintiff differently than similarly situated employees substantially younger than
plaintiff.

16

25.

On or about May 12, 2006, defendants, MADIGAN, SPILLANE, ROSEN,

FLAHAVEN, and HAGEN, knowingly and intentionally terminated plaintiff’s
employment based on the impermissible considerations of sex and, or age in violation
of the Equal Protection Clause.
26.

Defendants MADIGAN, SPILLANE, ROSEN, FLAHAVEN, and HAGEN,

knowingly replaced plaintiff with an individual who was less qualified than him, who
is substantially younger than plaintiff, and is female.
27.

The two other male Assistant Illinois Attorneys General, over the age of

50, who were also terminated on or about May 12, 2006, had work performances that
were satisfactory or better and were also replaced by defendants with individuals who
were less qualified, and substantially younger than them, and, or female.
28.

Defendants

maliciously

and

intentionally

engaged

in

the

above

discriminatory conduct which caused plaintiff severe emotional distress.
29.

As a result of defendants’ intentional discriminatory conduct above,

plaintiff lost his job, suffered lost wages, lost income, lost employment benefits of the
State of Illinois, lost insurance benefits and his ability to pursue his career as a Senior
Assistant Attorney General free from discrimination based upon his sex and age.
30.

As a further result of defendants’ intentional discriminatory conduct,

plaintiff has suffered and continues to suffer great emotional stress and strain,
humiliation, loss of dignity, embarrassment, and loss of reputation.
31.

Plaintiff demands trial by jury on all issues in this count.

17

32.

Defendants, LISA MADIGAN, officially as Illinois Attorney General, the

OFFICE of the ILLINOIS ATTTORNEY GENERAL, and the STATE OF ILLINOIS are
necessary defendants in this count for the purpose of awarding prospective and
injunctive relief on plaintiff’s prayers for relief of reinstatement, front pay, future
damages, attorney’s fees and all other prospective relief, and are also necessary
defendants to indemnify LISA MADIGAN, individually, ANN SPILLANE, individually,
ALAN ROSEN, individually, ROGER FLAHAVEN, individually, and DEBORAH
HAGEN, individually, for all monetary damage awards, except punitive damages.
33.

Plaintiff’s sex was a motivating factor in defendants’ intentional decision

to terminate his employment on or about May 12, 2006, in violation of the Equal
Protection Clause of the 14th Amendment to the United States Constitution by and
through 42 U.S.C. Section 1983.
WHEREFORE, Plaintiff, HARVEY N. LEVIN, prays this Honorable Court to:
A.

Enter judgment in favor of plaintiff, HARVEY N. LEVIN, and against

Defendants, LISA MADIGAN, individually, ANN SPILLANE, individually, ALAN
ROSEN, individually, ROGER FLAHAVEN, individually, and DEBORAH HAGEN,
individually, jointly and against each defendant, and further enter judgment against
defendants, LISA MADIGAN in her official capacity as Illinois Attorney General, the
OFFICE of the ILLINOIS ATTTORNEY GENERAL, and the STATE OF ILLINOIS;

18

B.

Award the plaintiff actual damages in the form of lost wages, lost income,

lost compensation, lost insurance benefits, lost employee benefits, and actual damages
which Plaintiff has suffered, against all defendants jointly and against each defendant;
C.

Award the plaintiff actual damages in the form of future lost wages and,

or front pay, against defendants jointly and against each defendant;
D.

Enter an order and permanent injunction requiring defendants to reinstate

plaintiff to his former position of Senior Assistant Attorney General;
E.

Enter an order and permanent injunction requiring defendants to cease

and desist in committing the above acts of intentional sex and, or age discrimination;
F.

Enter an order that defendants be ordered to remove all allegations of

plaintiff’s termination from all records;
G.

Award plaintiff prejudgment interest on all lost wages, income and all

other monies which are awarded to plaintiff against defendants jointly and against each
defendant;
H.

Enter an order that defendants be required to afford plaintiff equal

employment opportunities and that he be made whole as to all wages, employee
benefits and pension benefits plaintiff would have received but for the above
intentional civil rights violations committed against him by defendants;
I.

Award Plaintiff all attorney's fees, expenses and costs incurred herein

against all defendants jointly and against each defendant;

19

J.

Award Plaintiff compensatory damages in an amount in excess of

$500,000.00 for

humiliation, embarrassment, loss of reputation, loss of dignity,

substantial emotional pain and emotional distress, mental anguish, and for defendants'
reckless disregard for plaintiff's right to pursue his career with the Illinois Attorney
General free from sex, and or age discrimination;
K.

Enter a declaratory judgment that the actions of defendants LISA

MADIGAN, individually, ANN SPILLANE, individually, ALAN ROSEN, individually,
ROGER FLAHAVEN, individually, and DEBORAH HAGEN, individually, constitute
unlawful and intentional sex and, or age discrimination in violation of the Equal
Protection Clause of the 14th Amendment to the United States Constitution by and
through 42 U.S.C. Section 1983;
L.

Assess

punitive

damages

against

defendants

LISA

MADIGAN,

individually, ANN SPILLANE, individually, ALAN ROSEN, individually, ROGER
FLAHAVEN, individually, and DEBORAH HAGEN, individually, in the amount in
excess of $500,000.00.

20

COUNT IV
AGE DISCRIMINATION - EQUAL PROTECTION
1-32.

Plaintiff realleges and incorporates paragraphs 1 through 32 of Count III

as if fully set forth herein as paragraphs 1 through 32 of Count IV.
33.

Plaintiff’s age was a motivating factor in defendants’ intentional decision

to terminate his employment on or about May 12, 2006, all in violation of the Equal
Protection Clause of the 14th Amendment to the United States Constitution by and
through 42 U.S.C. Section 1983. Defendants had no rational basis for using age to
terminate plaintiff’s employment.
WHEREFORE, Plaintiff, HARVEY N. LEVIN, prays this Honorable Court to:
A.

Enter judgment in favor of plaintiff, HARVEY N. LEVIN, and against

Defendants, LISA MADIGAN, individually, ANN SPILLANE, individually, ALAN
ROSEN, individually, ROGER FLAHAVEN, individually, and DEBORAH HAGEN,
individually, jointly and against each defendant, and further enter judgment against
defendants, LISA MADIGAN in her official capacity as Illinois Attorney General, the
OFFICE of the ILLINOIS ATTTORNEY GENERAL, and the STATE OF ILLINOIS;
B.

Award the plaintiff actual damages in the form of lost wages, lost income,

lost compensation, lost insurance benefits, lost employee benefits, and actual damages
which Plaintiff has suffered, against all defendants jointly and against each defendant;
C.

Award the plaintiff actual damages in the form of future lost wages and,

or front pay, against defendants jointly and against each defendant;

21

D.

Enter an order and permanent injunction requiring defendants to reinstate

plaintiff to his former position of Senior Assistant Attorney General;
E.

Enter an order and permanent injunction requiring defendants to cease

and desist in committing the above acts of intentional sex and, or age discrimination;
F.

Enter an order that defendants be ordered to remove all allegations of

plaintiff’s termination from all records;
G.

Award plaintiff prejudgment interest on all lost wages, income and all

other monies which are awarded to plaintiff against defendants jointly and against each
defendant;
H.

Enter an order that defendants be required to afford plaintiff equal

employment opportunities and that he be made whole as to all wages, employee
benefits and pension benefits plaintiff would have received but for the above
intentional civil rights violations committed against him by defendants;
I.

Award Plaintiff all attorney's fees, expenses and costs incurred herein

against all defendants jointly and against each defendant;
J.

Award Plaintiff compensatory damages in an amount in excess of

$500,000.00 for

humiliation, embarrassment, loss of reputation, loss of dignity,

substantial emotional pain and emotional distress, mental anguish, and for defendants'
reckless disregard for plaintiff's right to pursue his career with the Illinois Attorney
General free from sex, and or age discrimination;

22

K.

Enter a declaratory judgment that the actions of defendants LISA

MADIGAN, individually, ANN SPILLANE, individually, ALAN ROSEN, individually,
ROGER FLAHAVEN, individually, and DEBORAH HAGEN, individually, constitute
unlawful and intentional sex and, or age discrimination in violation of the Equal
Protection Clause of the 14th Amendment to the United States Constitution by and
through 42 U.S.C. Section 1983;
L.

Assess

punitive

damages

against

defendants

LISA

MADIGAN,

individually, ANN SPILLANE, individually, ALAN ROSEN, individually, ROGER
FLAHAVEN, individually, and DEBORAH HAGEN, individually, in the amount in
excess of $500,000.00.
DATED: September 26, 2007
HARVEY N. LEVIN
Plaintiff

S/ Edward R. Theobald
EDWARD R. THEOBALD, Attorney for plaintiff

Edward R. Theobald (2814595)
Law Offices of Edward R. Theobald
Three First National Plaza,
70 West Madison Street, Suite 2030
Chicago, IL 60602
[phone]

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