Republican opponent to Will County sheriff in 2022 election files lawsuit over promotion dispute

A deputy who was defeated by Will County Sheriff Mike Kelley in last year’s elections has claimed in a federal lawsuit that the sheriff promoted less qualified people to the rank of sergeant instead of him because of his campaign statements.

On April 14, Deputy James Reilly filed a five-page lawsuit against Kelley that seeks compensation for his lost employment opportunities, mental anguish, humiliation, degradation and other injuries he apparently suffered as a result of Kelley allegedly passing him up for a promotion to sergeant.

Kelley, a Democrat, defeated his Republican challenger in the Nov. 8, 2022, election. It was Reilly’s second failed bid to become sheriff.

Reilly’s lawsuit claims he was eligible for a promotion to the rank of sergeant since 2017 but Kelley promoted six other people instead. The lawsuit alleged those people included “deputies with far lower scores on the promotional exam.”

Reilly’s lawsuit singled out a comment made by Kelley at a July 13, 2022, debate during the campaign that he claims reveals why he has not been promoted since 2017.

“At that debate, when asked why he had never promoted Reilly to the position of sergeant, Kelley admitted that his decision was not based on merit but instead upon campaign statements made by Reilly, which had allegedly placed Kelley in an unfavorable light,” Reilly’s lawsuit claimed.

Reilly’s lawsuit claims he was eligible for a promotion to the rank of sergeant since 2017 but Kelley promoted six other people instead. The lawsuit alleged those people included “deputies with far lower scores on the promotional exam.”

—  Lawsuit filed by Will County Sheriff's Deputy James Reilly

Reilly’s lawsuit alleged Kelley’s statement made clear that his decision to pass up Reilly for “demonstrably less qualified individuals” at the sheriff’s department had “nothing to do with merit.”

Kelley’s decision was “solely in retaliation for Reilly exercising his constitutional rights by running against him in the elections for Will County Sheriff and making protected political statements in the course of a campaign,” the lawsuit alleged.

A call and message to Kelley’s spokeswoman Kathy Hoffmeyer was not returned Thursday.

Reilly alleges Kelley violated his constitutional right to free speech, which covers the rights of public employees “to campaign for elected positions without retaliation.”

One of the key issues in the race between Reilly and Kelley last year was a criminal justice reform law called the SAFE-T Act, which sought to abolish cash bail for criminal defendants.

Reilly claimed Kelley refused to publicly speak out against the act or the “current liberal political movement that is destroying law enforcement.”

In response, Kelley said he’s spoken about his concerns about the SAFE-T Act to state officials long before it became law and urged Pritzker to veto the legislation. Kelley said he’s worked with state lawmakers on trailer bills to amend the law.