The U.S. District Court on Thursday granted the city of Maplewood’s motion to dismiss plaintiff Brad Jackson’s lawsuit against the city of Maplewood, Barry Greenberg, Kate Bethel and Isaac Chosich.
See: Attorney for Maplewood asks court to throw out lawsuit by Brad Jackson
The document is broken into four sections. The first ten pages of the 34-page decision are the “Background” of the case. The “Legal Standard” is page 11. The “Analysis” is pages 12-33. The “Conclusion” is pages 33-34.
In the conclusion (caps are in the document): “IT IS HEREBY ORDERED that Maplewood’s Motion to Dismiss Counts I and X of Plaintiff’s First Amended Complaint as to Maplewood (Doc. 49) is GRANTED and Defendant City of Maplewood is DISMISSED from this action.
“IT IS FURTHER ORDERED that Count I is DISMISSED as to Maplewood and Greenberg in his official capacity.”
The conclusion also states that Greenberg will remain a defendant with respect to claims brought against him in his individual capacity.
Read the court’s granting of Maplewood’s request to dismiss:Decision to Dismiss
Brad Jackson’s attorney Joseph Ott has responded with the following comment:
I respect and appreciate the hard work of the federal courts and their opinion dismissing Maplewood from the suit. I am obligated as an attorney to advocate for my client. The Court did not agree with what I thought was a good faith argument for extending Section 1985, and I will take their advice and direction as a lesson while constantly improving my practice.
Our non-Maplewood claims against the other Defendants survive. We continue to investigate the documents requested pursuant to the sunshine law. We have produced without objection a significant amount of evidence, and hope that the truth can be brought to light. We look forward to completing the discovery process on the remaining claims.
At bottom, its [sic] just not right for someone like my client to be treated the way he has. I am proud to continue standing by and advocating for the rights of Missourians, no matter how difficult a case can be.
If Brad Jackson spent as much time working as he does being an online bully, he wouldn’t need to drum up nonsense lawsuits to earn a living.
Wild comment. I’m a business owner.
Hey, Doug.
I’m not sure if you followed through on speaking to Joseph Ott, but I want to address the opening of your article, and how misleading it is.
“The U.S. District Court on Thursday granted the city of Maplewood’s motion to dismiss plaintiff Brad Jackson’s lawsuit against the city of Maplewood, Barry Greenberg, Kate Bethel and Isaac Chosich.”
2 of 10 counts were dismissed, but the case was not dismissed. The memo is very clear. Count 1 was dismissed against the city, and Greenberg in his official capacity. Count 10 was dismissed for all defendants.
The reason for the dismissal was simply that the claim fails to rise to the legal requirements of 1983 and 1985(3).
There are 8 other active claims that have absolutely not been dismissed.
This is far from over.
This article should read: “The U.S. District Court on Thursday granted the city of Maplewood’s motion to dismiss 2 of plaintiff Brad Jacksons claims in his lawsuit against the city of Maplewood, Barry Greenberg, Kate Bethel and Isaac Chosich.”
I hope that helps to clear this up for you.