Tuesday marked the three-year anniversary of the death of James Mellethin as a result of a high-speed police pursuit on Rt. 67. Lawsuits connected with that have been filed over the course of the past three years, and just recently, a second federal lawsuit filed by a former McDonough County Sheriff's Deputy, who was driving the squad car involved that night, against the current sheriff and the county was dismissed Jan. 13; however, the plaintiff has hired new counsel and filed an emergency motion to prevent dismissal.
Following his January 2024 dismissal from the McDonough County Sheriff's Office, Evan Schmalshof filed his initial federal lawsuit in March 2024. One year later, it was dismissed without prejudice. In mid-April 2025, the former attorneys for Schmalshof and Schmalshof Family Transport, Netzky Olswang Law Group LLC of Chicago, refiled the lawsuit in U.S. District Court. Like the first lawsuit, the prior county employee was seeking in excess of $1 million, alleging Sheriff Nick Petitgout, and therefore, the county, deprived the former deputy of his right to free speech and 'systematically oppressed Schmalshof in a variety of ways.'
Lawsuit Dismissed
According to federal court database PACER, two weeks ago, on Jan. 13, 2026 in response to the refiled lawsuit, U.S. Illinois Central District Court Chief Judge Sara Darrow stated that 'the problem is that Schmalshof filed a materially identical complaint in this Court in March of last year.' Darrow continued the Court reasoned that Schmalshof's First Amendment claim 'insufficiently alleged the context necessary to conclude that he spoke as a citizen rather than pursuant to his role as a sheriff's deputy.'
Darrow also stated 'there were no allegations that his employment contract was breached.'
Emergency Order Filed Following the latest dismissal, Schmalshof was granted 14 days to amend the complaint. During the morning hours of Jan. 26, Schmalshof electronically filed an emergency motion to prevent dismissal. He told the court that he had retained prior counsel to prosecute the case and relied on them to comply with all court orders and deadlines.
'Despite repeated inquiries, prior counsel did not timely advise me of missed deadlines, filing deficiencies, or warnings from the Court regarding potential dismissal … I request that the Court grant relief to prevent dismissal, allow me to proceed pro se or with substitute counsel, and grant a reasonable 60-90 day extension of all deadlines to ensure orderly progression of this case.'
Approximately three hours later, Michael Atkus from the law firm of Clark, Johnson and Knight, e-filed a certificate of service that on Jan. 26, a copy of the foregoing emergency motion to prevent dismissal was deposited to the court in the U.S. mail.
The Background
Eleven months after his termination in early 2024, an arbitrator ruled that Schmalshof be reinstated to his full-time deputy 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.”
While Schmalshof was reinstated, he remained on administrative leave. He was relieved from his duties with the sheriff's office in mid-summer 2025, according to Petitgout. No further information was provided.
His termination was connected to the January 2023 vehicular pursuit that caused Mellenthin, 35, of Cottage Hills, IL, to crash his vehicle, which resulted in his death.
Mellenthin Family Lawsuit
Following Mellenthin's death, his family filed a federal lawsuit against Schmalshof, the county, the Sheriff's Office and Deputy Nicholas Ruggio. Police records obtained via the Freedom of Information Act from the Jan. 27, 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.
In September 2024, and again in August 2025, numerous counts were dismissed in U.S. Illinois Central District Court. Tammy Mellenthin, James' mother, filed the original suit Oct. 26, 2023.
In the August 2025 dismissal in response to the January 2025 amended complaint, other counts were dismissed, and the request for punitive damages were stricken. Several other counts, including a wrongful death claim remain.
On Oct. 27, 2025, Magistrate Judge Ronald L. Hanna set a pre-trial conference for June 2, 2027, with a jury trial set for July 12, 2027 in U.S. Central District Court in Rock Island.
