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Nov 12 2013

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.

19 comments

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  1. 1
    grumpyoldfart

    Is he really hoping to win the case, or is it just a ploy to get insults against Cox onto the public record?

  2. 2
    Trickster Goddess

    Wow. Someone really needs to get on with his life. Or competent psychological counseling.

    He seems to be very obsessed with this thing and unable to move on, and probably won’t be able to until he comes to terms with his own sexuality.

    I actually feel kind of sorry for him.

  3. 3
    thebiggs

    Shirvell is going about this all wrong. You don’t write all this crap into a complaint. You write a book, then go on the wingnut circuit as a martyr to the cause. The WND crowd would eat up all these allegations about how he was persecuted by The Gay.

  4. 4
    drm0

    He seems to be very obsessed with this thing and unable to move on, and probably won’t be able to until he comes to terms with his own sexuality.

    erm… I do wonder if calling the homophobe gay is a good strategy. I know sometimes it’s true, but the argument in general sounds like an own goal.

  5. 5
    Synfandel

    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.

    How does offering to help remove traces of child pornography from a priest’s laptop in any way indicate that Cox is pro-gay? I don’t see the connection.

  6. 6
    blf

    Synfandel, It seems to be a common belief amongst bigots that Teh Gay are pedophiles. I have no idea why.

  7. 7
    dugglebogey

    You know with virulently anti-gay people named “Cox” and the most hateful of the gays in a group calling themselves “The Tea Party” I don’t know what to think anymore.

  8. 8
    escuerd

    dõki

    erm… I do wonder if calling the homophobe gay is a good strategy. I know sometimes it’s true, but the argument in general sounds like an own goal.

    I know what you’re saying here, but I’d be pretty shocked if it weren’t true in this case. Have you ever seen Shirvell speak? If this isn’t a closeted gay man, I’ll eat my hat.

  9. 9
    eric

    Is he really hoping to win the case, or is it just a ploy to get insults against Cox onto the public record?

    Or he may just be trying to force Cox to settle rather than spend the time and money needed for a defense. In normal cases that might work. Given his spectacular failure in the defamation suit, I doubt it will work here.

    Or it could just be personality. Given this is the second instance in which Shirvell has obsessed over someone’s ‘doing him wrong,’ the tendency to beat a dead horse may just be part of who he is.

  10. 10
    drm0

    Quoth escuerd@8

    I know what you’re saying here, but I’d be pretty shocked if it weren’t true in this case. Have you ever seen Shirvell speak? If this isn’t a closeted gay man, I’ll eat my hat.

    Oh.

    Okay, that’s true, I never heard him speaking. But, then, I probably don’t want to hear him saying any of his nonsense, so I’ll just take your word for that.

  11. 11
    caseloweraz

    “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.

    Isn’t the altar of political correctness in Washington, DC? I’m sure Appellant could not have been anywhere near enough to any bus that serves the Washington, DC metro area to be thrown under it.

    Case dismissed.

  12. 12
    timberwoof

    Oh, for fuck’s sake, don’t give him to us! Maybe one-third of rabid homophobes are able to squeeze plethysmographs when you show them gay porn, but that doesn’t make all virulent homophobes closet cases. And are you really relying on stereotypes of gay people to identify this asshole as one of us?

    Maybe he’s just an effeminate asshole who got bullied as a kid for being ghey and now takes it out on any handy gay target.

  13. 13
    Trickster Goddess

    @4, 8 & 12

    I’ve never heard him speak, seen his mannerisms or even remember what he looks like. And no, I’ m not relying on stereotypes of homophobes. I am going by the fact that he he is so obsessed by this thing that he has not only allowed it to ruin his career but now, several years later and losing several court cases already, he still can’t let it go and move on with his life.

    Any regular homo-hater would by now have long ago stopped fighting this particular battle and parlayed it into a career on the Christian Martyr™ circuit.

    I may be wrong about him being repressed, but I doubt it. In any case it is clear he could really benefit from some professional counseling.

  14. 14
    drm0

    hi, furry fellow!

    are you really relying on stereotypes of gay people to identify this asshole as one of us?

    Yeaaah, I can’t say I was really happy with that, but decided not to object, as other people’s gaydars usually are more accurate than mine. For one thing, they seemed to be able to detect myself even before I could, heh

  15. 15
    Crip Dyke, Right Reverend Feminist FuckToy of Death & Her Handmaiden

    Klayman, Staver & Taitz are Shirvell’s idols.

    One day, little Andy! One day you can be every bit as prolific as they: you already have their skills.

  16. 16
    caseyboucher

    I was there that night that Shirvell was camped outside the Necto (a night club in Ann Arbor) with a sign protesting Chris Armstrong.

    I even remember the end of the night when somebody grabbed his sign and torched it after Shirvell had spouted some anti-gay slurs at the crowd.

    The irony of the whole situation is that Chris Armstrong was actually not the first openly gay UM student body president. That distinction goes to Keith Reisenger.

    Shirvell was a couple years too late.

  17. 17
    Ichthyic

    Streisand Effect applies.

    I’m betting this clown just hopes he gets a settlement so he can slink away and retire.

    his career is over.

  18. 18
    escuerd

    If anyone is interested in seeing a sample of Shirvell’s craziness (along with the gay mannerisms and speech I alluded to), have a look:

    https://www.youtube.com/watch?v=PwObjKZg9Jw

    @timberwoof:

    Sure, there exist effeminate straight men, and masculine gay men, but I think it ought to be obvious that some mannerisms are much more common in gay men than straight ones (and vice versa, though gender norms and the social pressure for gay people to hide their sexuality, or not to appear too “fem” seems to obscure the reverse a bit more). If this is what you mean by relying on stereotypes, then sure, that’s part of what I’m doing.

    It’s not so much that I want Shirvell to be one of us*. It’d be nice if no gay people were douchebags. but of course some are, and repression often seems to make it worse. Given a guy whose mannerisms scream gay, who seems preoccupied with homosexuality, and who also seemed to be obsessed with a particular gay male college student, I don’t think I’m going out on a huge limb to say that, yeah, he probably is gay.

    *Although I do admittedly find a bit of amusement when some outspoken homophobe or right winger turns out to be gay, but the schadenfreude is usually mixed with sadness at the degree of their internalized homophobia or anger at their callous betrayal of other gay people’s rights (e.g. Ken Mehlman).

  19. 19
    embertine

    Ha, I hadn’t seen this when I posted here:
    http://freethoughtblogs.com/lousycanuck/2013/11/12/craig-cobbs-got-a-little-black-in-him/
    I too am not a fan of this particular cliché but Shirvell has acted so much like a thwarted lover that it’s hard not to wonder.

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