Judge rules a second time against Fort.

A complaint first filed in court in 2013 may be coming to a resolution.

Todd Fort, former chief deputy and school board president who pleaded guilty to charges of sexual criminal assault in 2011, filed three claims on June 20, 2013, against State's Attorney Michael Henshaw.

The claims against Henshaw are in direct relation to recordings, submitted as evidence against Fort, of phone calls made during his stay in the Jackson County Detention Center.

"Under Illinois Law those (recordings) are public record," Henshaw said. "There is no expectation of privacy while incarcerated."

The claims include: public disclosure of private facts, Intrusion upon seclusion and intentional infliction of emotional distress. For which Fort was seeking punitive damages.

In July 2013, Henshaw filed a motion to have the claims dismissed. Five months later, on Dec. 27, 2013, Judge Mark Stanley granted the Henshaw's motion, and the claims were dismissed.

Fort then formally appealed on the grounds that the case was barred by sovereign immunity; suggesting that Henshaw received special privileges because of his position as state's attorney.

The court order states that a state's attorney, as a public official, has the discretion to release public documents including evidence regarding a crime to the public and the media, and such information is disclosed routinely.

Stanley entered another order, dated Dec.15, once again dismissing all counts contained in the Fort lawsuit.

Fort and his attorney have 30 days from the Dec. 15 to appeal this order, should they choose to do so.