Attorney for county treasurer files for dismissal of lawsuit
Asserts Illingworth not granted right to sue from Civil Rights Commission
The attorney representing Jasper County Treasurer Doug Bishop in a wrongful termination lawsuit filed a motion Friday seeking to have the case dismissed due to “lack of jurisdiction.”
Jason Craig of Ahlers & Cooney, a Des Moines law firm, filed the motion, arguing the plaintiff, former Second Deputy Treasurer Donna K. Illingworth, had failed to follow proper procedural requirements under the Iowa Civil Rights Act. He said previous case law has held that a civil rights case may only proceed after the Iowa Civil Rights Commission has issued a “right-to-sue release.”
“Defendants have never received a copy of a right-to-sue letter from the Commission, and the Commission has advised defense counsel that no right-to-sue letter has been issued,” Craig’s motion stated. As a result, the procedural requirements of the Iowa Civil Rights Act have not been met, it continued, adding that under the circumstances, “dismissal is required.”
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