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Madison County prosecutor says lawsuit by Joe Myers names commissioners; office files motion to dismiss
Summary
Madison County's prosecutor told the board he received a complaint from Joe Myers naming the commission and Commissioner Susan Thompson and that the office filed a motion to dismiss, citing pleading and service deficiencies; mediation and further court dates are pending.
The Madison County prosecutor told the Board of Commissioners on Jan. 6 that he has been served with a complaint filed by Joe Myers that names the county commission and Commissioner Susan Thompson.
"I've received a copy of the complaint that was filed in common pleas court by Joe Myers," the prosecutor said, describing the filing as raising concerns Mr. Myers has repeatedly brought to the county over the past years. The prosecutor said the complaint includes allegations related to public records requests and Americans with Disabilities Act (ADA) access issues.
The prosecutor said his office has responded in court: "I answered the complaint, I provided all of our discovery for the court, and I filed a motion to dismiss," and that the court has flagged deficiencies in how the complaint was pleaded and served. He said the court allowed Mr. Myers an opportunity to amend and that the case has passed through mediation and will proceed to a phone conference.
The prosecutor added he hopes the matter will be dismissed but said additional proceedings are likely: "I'm hoping that ultimately it's just dismissed," he said, "but not every day." No final ruling was reported at the meeting.
Board members asked whether Ms. Thompson had been served; the prosecutor confirmed service had been completed.
What happens next: the prosecutor said motions remain pending and that the court will decide whether amended pleadings or further briefing are required. The county's filings and any court entries will govern next procedural steps.
The board did not take a formal vote related to the lawsuit during the meeting. The prosecutor advised the commission that staff would share the complaint and related filings with commissioners for review.
