The lawsuit of a McDonough County Sheriff's deputy, who recently announced his candidacy via Facebook for McDonough County sheriff, against the current sheriff, Nick Petitgout, and the county was dismissed without prejudice in early March; however, on April 19, the attorney for Evan Schmalshof and Schmalshof Family Transport refiled the lawsuit in U.S. District Court. On Friday, July 25, a summons was served via email to the sheriff and the county.
In the new lawsuit, Schmalshof, who is seeking in excess of $1 million in damages, brings forth similar complaints contained within the dismissed suit. He is again being represented by the Netzky Olswang Law Group LLC of Chicago.
According to the federal court database, PACER, on July 21, the court indicated while the plaintiff (Schmalshof) filed the new lawsuit on April 19, "nothing on the docket indicates he has attempted to serve defendants with the complaint in accordance with Federal Rule of Civil Procedure 4." The Rule 4 90-day time limit to do so expired on July 18, 2025. The Court sua sponte* extends the time for the Plaintiff to serve Defendants in accordance with Rule 4 on 9/18/2025. Plaintiff's failure to serve Defendants within that time frame may result in the dismissal of this case.' {Entered by Magistrate Judge Ronald L. Hanna on July 21, 2025}.
*Sua sponte means the court is taking action on its own initiative, without being asked by either party, to allow more time for the plaintiff to complete the necessary steps of serving the defendant with the summons and complaint as required by Federal Rule of Civil Procedure 4.
The Pacer file for Case 4:25-cv-04080 states: "On 7/25/25 the clerk of the Court issued the summons for each defendant. On 7/2/25, Plaintiff's counsel sent via e-mail a courtesy copy to the State's Attorney for McDonough County the Complaint and respective summons. On 7/25/25, Plaintiff's counsel contacted the McDonough County Sheriff's office to effectuate service and pursuant to a telephone conversation with Julie Meyer, of the McDonough County Sheriff’s Office an e-mail with the documents was submitted to facilitate delivery of the summons and complaint. Plaintiff awaits receipt of the return of summons."
On March 5, 2025, U.S. Illinois Central District Court Chief Judge Sara Darrow ruled in favor of the county and the sheriff to dismiss the lawsuit without prejudice as the "plaintiffs (Evan Schmalshof and Schmalshof Family Transport) did not respond to the motion to dismiss, nor did they request leave to amend the complaint."
The Community News Brief reached out to Schmalshof to inquire about the new lawsuit. He responded in writing to numerous questions regarding the newly-filed lawsuit.
"Thank you for your inquiry regarding my candidacy for Sheriff of McDonough County and the unrelated legal matter, Schmalshof v. McDonough. Let me be clear: this legal battle has no bearing on my ability or qualifications to serve as sheriff. My campaign is focused on the future, on bringing principled leadership, accountability and a renewed commitment to the people of McDonough County," Schmalshof wrote in response to a question regarding a possible conflict of interest in his pursuit of the sheriff's seat.
According to Schmalshof, the lawsuit was refiled following a change in the lead attorney handling the case, and the delay in serving the suit occurred due to a logistical issue within the clerk of the court's office. He noted the issue was resolved, and it was simply a clerical matter without fault or wrongdoing on the part of any party involved.
"It is also important to clarify that a previously published article misstated the monetary amount involved in the suit. The amount remains the same as originally filed {Editor's Note: The story on the initial lawsuit had an incorrect figure of $3.5 million}," he explained. "Furthermore, the prior dismissal of the case was strictly procedural and does not in any way prejudice our legal position or the merits of the claims."
"While the refiled suit contains the same content and monetary request, it's important to understand that this case is not about money. It is about exposing and correcting systemic issues and patterns of corruption that have gone unaddressed for far too long," Schmalshof continued via a written statement. "It seeks to challenge the misuse of authority, the spread of false narratives and the concealment of public documents that should rightfully be accessible to our community. Navigating this legal challenge has only strengthened my resolve. It has highlighted the urgent need for transparency, accountability and consistency in our local institutions."
"Through this experience, I have identified key areas, especially in policy and procedure that demand reform. If elected, I will use these lessons to build a department rooted in fairness, openness and public trust," he concluded. "Resilience in the face of adversity is a hallmark of leadership. I stand by my record and my values, and I remain committed to earning the trust of this community every single day."
When asked about the newly-refiled suit, McDonough County Sheriff Nick Petitgout told The Community News Brief that it is the department's policy to not comment on pending litigation. McDonough County State's Attorney Matt Kwacala added that the county cannot comment on a pending lawsuit.
The Background: Lawsuit #1
Following his January 26, 2024 termination, Schmalshof and Schmalshof Family Transport filed a federal six-count lawsuit in March 2024 seeking damages in excess of $1 million. Their attorney alleged that Petitgout deprived the former deputy of his right to free speech and 'systematically oppressed Schmalshof in a variety of ways.'
An arbitrator later ruled that Schmalshof be reinstated to his full-time position. In arbitrator Thomas F. Gibbons' Dec. 8, 2024 ruling, he noted that Petitgout did not have just cause to terminate Schmalshof for 'conduct unbecoming' and that Schmalshof was to 'be immediately reinstated to his full-time position as deputy with the McDonough County Sheriff’s Office with full back wages, benefits, and seniority rights, minus any earnings as mitigation since the time of his termination.'
While Schmalshof was reinstated, he currently remains on paid administrative leave pending the outcome of an internal investigation regarding the January 2023 pursuit, according to Petitgout. That pursuit caused James Mellenthin, 35, of Cottage Hills, IL, to crash his vehicle, which resulted in his death. A search of the Illinois Law Enforcement Training & Standard Board's website shows that Schmalshof's current status with the Sheriff's Office is currently 'under review.'
He has worked for the sheriff's office since August 2016, first as a part-time jailer and as a part-time deputy two years later, before being promoted to a full-time deputy June 16, 2019. Schmalshof has also served as the part-time chief of the Village of Blandinsville Police Department (BPD) since 2019.
Mellenthin Family Lawsuit
Following Mellenthin's death, his family filed a lawsuit against Schmalshof, the county, the Sheriff's Office and Deputy Nicholas Ruggio. Police records from the January 2023 pursuit and subsequent crash showed that Deputy Schmalshof continued the high-speed chase down Jackson Street and south onto Rt. 67 at speeds of up to 140 mph. The video from Schmalshof's squad car showed the deputy attempting to pull alongside Mellenthin's car numerous times on Rt. 67.
On Sept. 30, 2024, U.S. Illinois Central District Court Chief Judge Sara Darrow dismissed parts of the federal civil lawsuit filed by the Mellenthin family. The defendants (Schmalshof, Ruggio, MCSO and the County) moved to dismiss Counts I through IV for failure to state a claim and argued the court should decline to exercise supplemental jurisdiction over the state law claims. It was also argued that Schmalshof is entitled to qualified immunity for Counts I and II.
Count I was dismissed without prejudice for failure to state a claim, and Count II was dismissed. All other counts remain.
