Thursday, June 18, 2015

Morgan fighting back in Fischer lawsuit!

Louisville, KY - On Monday June 16, Jay Morgan attorney Shane Sidebottom proved he has finally had enough of the constant legal maneuvering and delays by Mayor Greg Fischer to avoid depositions in the lawsuit against him.

He finally demanded sanctions against the Mayor. It is about time.

You can read the entire response here.

What is amazing is how rare an action like this is. I have never heard of sanctions being requested against a public official because of their frivolous delay tactics to avoid answering simple questions.

It is even more comical when you consider that Greg Fischer does all of his business through his email account rather than an official metro account.

He even went on record demanding transparency to Mayoral appointed board members here stating, "This addresses concerns of board members using personal accounts for public business and will result in greater transparency for citizens," Fischer said.

Where is your transparency Mr. Hypocrite,er, Mayor?

It is very clear that Mayor Greg Fischer is scared. The continued legal delays and his inability to be forthcoming are sure signs of it.

All in an attempt to starve Jay Morgan out in the hopes that he will no longer be able to afford counsel so Fischer can avoid being accountable for his illegal behavior.

And all paid for by our tax dollars. Illegally in my opinion as I have stated many times.

Need further proof? Look no further than this.

On May 29, 2015 Fischer's illegally tax paid County Attorney's office actually sent this demanding targeted and limited depositions.

They actually offer to allow depositions as long as they get to tell you what to ask. Excuse me?

There is no such thing as doing depositions "in stages" and Landrum knows it. Of course Landrum is not the one making the calls in this. He is doing as instructed.

Every time they are ordered to begin discovery and take depositions they run to court and file yet another motion to dismiss based on the same BS argument they have played for well over a year.

And lost every time.

This is completely absurd and unheard of in ANY legal case. And County Attorney Mike O'Connell knows it.

The depths that these people have sunk to in their quest to avoid Greg Fischer being held accountable for his illegal behavior, and paying what can only be presumed at this point MILLIONS of dollars to Morgan because of it, is beyond incredulous to any attorney I have spoken with,

There  is simply no way Landrum, or even Joel Frockt, is this dumb. Why would they destroy themselves? There is someone in power pulling the strings. We will out who that is soon and you may be shocked.

As we previously pointed out,  They have already tried to have the case dismissed three times, plus one court of appeals attempt, and been denied all three times.

In the meantime it has cost we the people hundreds of thousands of dollars to defend Fischer in a PERSONAL lawsuit that we are not on the hook for and should not be.

The whole game has been to do everything possible to ensure that Fischer is off the hook PERSONALLY, by claiming that at all times he was "acting in his capacity as Mayor." We have already proven that this is a lie as well.

Once again, The U.S. Supreme court ruled that actions like this by Greg Fischer were not acceptable. 

“If one of the heads of [government] departments commits any illegal act, under colour of his office, by which an individual sustains an injury, it cannot be pretended that his office alone exempts him from being sued in the ordinary mode of proceeding, and being compelled to obey the judgment of the law.”
--  Chief Justice John Marshall, U.S. Supreme Court, February Term, 1803.
This ruling stands today and has never been challenged or overruled.

Someone needs to clearly explain the "official capacity" argument these buffoons continue to try and use. Read the admissions Morgan provided upon request from Fischer.

Fischer is trying to avoid discovery period because he knows that he will be under oath and will go to jail for perjury if he gets caught lying. In my opinion he will get caught. That is why they are scared.

NOTE also that Fischer has never answered one thing in return. Wonder why?

Does official capacity include threatening one's family and family members? Number 16 states Fischer did just that. Read the entire admissions right here.

Fischer wants the taxpayer to pay the millions of dollars for his personal failures instead of Fischer himself paying it out of his own pocket as he should.

According to records, Morgan has given at least 25 - 35 different dates for depos since April 2015 alone, after the March Court of Appeals denial to Fischer. Fischer has refused to even acknowledge attorney Sidebottom's requests much less make himself available for depos.

To not even respond yea or nay to a fellow attorney for such a simple thing is unheard of as well. It is equivalent to treating him as the bastard child of the legal community. It is arrogant beyond belief.

You may remember Sidebottom as the attorney who won the Eric Garrett case. One would think Fischer's illegal taxpayer funded legal team would know better.

After almost one full year from the filing of the lawsuit itself, in November 2014 Judge Perry ordered the depos to be done immediately, once again AFTER denying yet another motion to dismiss by Fischer.

At a cost of hundreds of thousands to we the taxpayer.

FOUR times they have tried the same thing. ALL DENIED by the courts.

Remember justice delayed is justice denied.

When is enough enough?

It is time for Judge Perry to hold Fischer and his team accountable. They have made a mockery of the law and Judge Perry himself if he doesn't.

This lawsuit was filed in December 2013. More than 18 months ago. It has not been allowed to move forward because of frivolous filings that waste the Court's time. And taxpayer money.

Judge Perry is expected to hear this same argument once again very soon. Let's see what happens but most definitely it is highly unusual to demand sanctions against an elected official in a lawsuit.

In this case it should be a slam dunk to rule in favor of Morgan against Fischer.

Look for them to file some other useless piece of paper to delay even that. Once again at our expense.

Stay tuned there is plenty more......

Listen daily from 7-8pm at The Ed Springston Show. Also visit Louisville Politics for more details and in depth coverage of local political and news issues.

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