Judge denies motion to dismiss PAC lawsuit

Published: Thursday, July 11, 2013 at 10:11 AM.

“We are pleased with the recent federal decision denying the defendants’ request to dismiss the lawsuit and view it as a positive step in the struggle to show the public the real truth regarding the actions and behavior of these individuals,” read a written statement from Citizens Improving Gulf County.

“Through the efforts of discovery including depositions it is our goal to have this trial very transparent and open to the public. Anything less would be an injustice to the good people of Gulf County. They deserve better than what they have been given in the past and we are determined to correct that.”

County attorney Jeremy Novak said the actions of the previous two weeks were largely procedural in a federal court.

It is typical, he added, for the plaintiffs’ attorney to be provided an opportunity to amend the complaint in response to an order to dismiss but that there is a limited number of bites at the apple.

Novak said he expected the judge to rule on motions to dismiss the amended complaint sometime in mid-August and from there the case would be dismissed or proceed through the pretrial process.

The suit alleges that the BOCC, Yeager, McLemore and Williams abused their power and illegally retaliated against the PAC and Garth for exercising protected First Amendment rights.

The lawsuit alleges McElroy coordinated with the BOCC in the attacks.



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