McHenry Co. sheriff's department asks judge to toss ex-deputy's lawsuit

McHenry County Sheriff's lawyers are asking a court to toss out a former deputy's lawsuit that claims he was fired illegally because he suffers from panic disorder.

In a motion to dismiss filed this month, sheriff's department attorneys say former Deputy Robert Schlenkert makes unsubstantiated claims, and may not even suffer a disability, in the suit.

"Both counts (of the suit) and the allegations section contain a number of blanket legal conclusions unsupported by sufficient specific facts," sheriff's department attorney Ericka J. Thomas states in the motion.

Schlenkert, a 17-year sheriff's veteran, sued the department in February, claiming he was fired in December 2007 because he suffers from panic disorder and filed two complaints over his treatment with the Illinois Department of Human Rights.

The sheriff's department said the deputy's employment was terminated because Schlenkert was unable to pass a physical fitness test after a two-year layoff for dealing with psychological issues.

In asking to have the suit dismissed, sheriff's department lawyers say Schlenkert has failed to show he even has the disability at the center of his claims. They note that his own legal filings cite three doctors who said his panic disorder would not impair him and that he was "fit for duty."

Schlenkert, who is seeking more than $50,000 in damages, already claimed one legal victory over the sheriff's department when a court ruled in December there was no evidence he could not perform his duties, despite the failed fitness test, and ordered him reinstated.

However, Schlenkert remains off duty while the sheriff's office appeals that decision.

McHenry County Judge Michael Caldwell is scheduled to hear arguments June 9 on the sheriff's motion to dismiss the lawsuit.