Oh yeah, "
Here are some key excerpts from the news story and see the actual document below for further info and legal precedent:
In a 13 page response to the lawsuit filed last Wednesday, the Cincinnati law firm of Montgomery, Rennie and Johnson said Meranda's claim should be dismissed with prejudice by appointed Judge Thomas Nurre.
"With prejudice" means Meranda would be barred from filing another lawsuit making the same claims.
If Nurre agrees with Gusweiler's attorneys, the case would then end with the stroke of his pen.
It begins by asserting that Judge Gusweiler is absolutely immune from monetary damages.
"Meranda is seeking compensatory damages against Judge Gusweiler for actions he took in his capacity as a judge", it reads.
"Such claims are barred by the doctrine of judicial immunity and must be dismissed."
The repose then addresses the threat of arrest for contempt that Meranda said Gusweiler threatened her with last February.
Meranda had changed the locks to her office and Gusweiler issued a court order demanding a key.
Meranda said Gusweiler told her she would be arrested if she didn't give him the keys.
Gusweiler's attorneys said in the response that "As a common pleas court judge, Judge Gusweiler has jurisdiction to order compliance with a court order or be held in contempt."
The response also cited case law that supports the contention that Gusweiler was acting within his jurisdiction when he made the arrest threat, saying "Judge Gusweiler had jurisdiction for immunity purposes to issue the order and enforce the order, if need be, through a contempt order."
The response also asserts that "A judge cannot be held civilly liable (sued) for any act performed as part of his or her judicial function."
It continues, "Thus Meranda's claim fails and her demand for monetary relief against Judge Gusweiler must be denied."
The response also claims that Meranda cannot challenge the validity of the court order demanding the keys because Gusweiler is also immune from being sued for decisions he makes in his capacity as Administrative Judge.
The claim continued, saying Meranda "has failed to allege how Judge Gusweiler's alleged decision was improper, let alone how it violated" the law or her constitutional rights.
It also cited case law saying "the common pleas clerk of court is required to perform her duties '***under the direction of the court***', thus Judge Gusweiler has authority to direct Meranda's conduct as court clerk".
The asterisks were added in the claim for emphasis by the attorneys.
The response then moved to Meranda's claim of illegal intimidation of her by Gusweiler.
"Meranda must allege that Judge Gusweiler threatened her, in an unlawful way or through a materially false or fraudulent filing, in an attempt to influence her duties as clerk of court. Further, she must demonstrate she was injured as a result of the commission of the offense."
The response is claiming she has not done so, therefore "she has failed to sufficiently state a cause of action" and has no claim of damage.
Finally, the response said that Meranda's request that the court order Judge Gusweiler not to "exceed the scope of his duties" and interfere with her own is too broad an order and not practical or enforceable.
In other words, Team Meranda doesn't have a case and this is nothing more than a waste of the court's time and taxpayer dollars as well as work hours lost to do this case. Case law is clear.
Tina Meranda misjudges this situation, thinking that everyone, including Jessica Little, would get behind her if she went running to the media with this abusive language and that Gusweiler would be shamed into submission. However, she underestimated that Jessica Little, unlike, it seems, failed sheriff candidates, actually knows the law and stuff and knew that there was no criminal offense and that a civil case was sheer lunacy. However, pride goeth before being a laughingstock. I just hope the judge doesn't delay in sending this case to where it belongs--in the ash heap of history as a sad chapter of a vengeful woman who doesn't like to be shown up and who is out to destroy anyone who gets in her way.
Look, Gusweiler and Meranda did not exhibit their finest hours. This could have been handled better. Jessica Little was trying to get things to go through the proper channels through the 12th district court of appeals. However, Meranda had to have her pound of flesh, and since Little hasn't played ball, she is enlisting the likes of Dennis the Menace
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