Shirvell Files Wrongful Termination Suit

Remember Andrew Shirvell, the former assistant attorney general who was fired for using state resources in his obsessive stalking and harassment of a University of Michigan student leader because he’s gay? Well now he’s filed a wrongful termination suit against the state.

This is at least the third actions he’s taken in response to the firing. He filed a complaint with the Michigan Civil Service Commission claiming the same thing and they pretty much laughed at his arguments:

“Appellant (Shirvell) has stated that he was thrown under the bus by Appellee (Department of the Attorney General) in the interests of political expediency at the altar of political correctness,” the ruling stated.

“Appellee countered — accurately — that after Appellee had warned Appellant repeatedly that a bus was coming, he chose to walk out in the middle of the road, lie down and wait for the bus to roll over him.”

Then he filed a defamation suit against the attorney of the guy he stalked and harassed, which was dismissed. That attorney had done such a great job that Shirvell was ordered to pay millions of dollars to her client. The lawsuit against the attorney was dismissed. But always the eager beaver, now Shirvell is going to try again (and fail, badly). He’s representing himself, triggering the old saw that a lawyer who represents himself has an idiot for a client.

Deadline Detroit has the full legal complaint and it’s pretty funny stuff. Like this amusing admission:

On the evening of Wednesday, February 3, 2010, Plaintiff Shirvell hosted a small campaign party at his apartment in Charlotte [ED: Michigan] for Defendant Cox’s supporters. The party was one of several that took place throughout the state that night. Supporters were told to watch then-Governor Granholm’s annual State-of-the-State address on television, which was to be followed by Defendant Cox doing a webcast criticizing Granholm. Unfortunately, no supporters showed-up to Plaintiff Shirvell’s campaign party. When Plaintiff Shirvell informed the campaign that no one showed-up, Plaintiff Shirvell was instructed to “make it look like a party” (e.g. by throwing coats across the couch), take a picture, and then upload the photo to Facebook.

He threw a party to watch his boss’ speech and no one showed up. With Shirvell’s charming personality, it’s hard to imagine why. The complaint reads very much like a typical Larry Klayman complaint, long on political boilerplate and irrelevant personal attacks on the defendants and short on actual legal arguments. There’s this bizarre tidbit:

In the fall of 2005, Ave Maria School of Law’s chaplain, Fr. Michael Orsi, called Defendant Ondejko into his office. During this meeting, Defendant Ondejko offered to assist Orsi in Orsi’s efforts to wipe clean the hardrive

of a computer belonging to a fellow priest accused of possessing child pornography.

He’s apparently trying to argue that Mike Cox, the former attorney general who was his boss and eventually fired him. is pro-gay and that’s why he was fired. Mind you, Cox is one of the most virulently anti-gay elected officials Michigan has had recently. This is beyond absurd. It should also be noted that Shirvell is a graduate of the Ave Maria School of Law. And he was Cox’s deputy campaign manager in 2006.

The complaint goes on and on about how much Shirvell had done for Mike Cox’s political campaigns and how loyal he was, apparently unaware that this only undermines his claim that Cox fired him for political reasons rather than actual misconduct. The complaint has an almost endless series of factual claims, virtually none of which have any real relevance to the question of whether his termination was justified or not. I suspect this one will end up being dismissed too.

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