Charlottesville, VA March 19, 2022 — On March 18, Judge Norman K. Moon of the U.S. District Court for the Western District of Virginia ruled that Rob Schilling’s case against Leo Mallek can proceed to trial. According to the Court’s order, Mr. Schilling has adequately alleged a claim for the violation of his clearly established Constitutional right to vote by Leo Mallek, who was Chief Officer of the election at the Woodbrook Precinct during the 2021 Democratic Party primary and is the husband of local Supervisor Ann Mallek. The Court held that there was an inference of ulterior motives when Mr. Mallek attempted to eject Mr. Schilling from the polls, and that Mr. Schilling is entitled to pursue relief under both federal and state law. Mr. Schilling’s case will now proceed to trial on allegations that Mr. Schilling’s right to vote was temporarily denied to him on unlawful grounds, and on charges that he was assaulted, battered, and falsely imprisoned by Albemarle County poll workers.
“Mr. Schilling looks forward to proving his allegations at trial,” said his attorney, Matt Hardin. “The right to vote is fundamental and not open for debate.”
“I am gratified that the judge saw what really happened to me,” said Mr. Schilling. “No voter should be subjected to a physical assault at the polls.”
Judge Moon’s latest ruling is available here.
Original suit is available here.
For further information, contact Attorney Matthew D. Hardin (202) 802-1948