Sgt. Keith Wildhaber (image via Wildhaber)
Jury Awards Cop Nearly $20 Million After He Was Told “Tone Down The Gayness If You Want Promotion”
Police Veteran Told ‘Tone Down’ The Gayness If He Wanted Promotion
Sgt. Keith Wildhaber (image via Wildhaber)
Appeals Court Rules Kim Davis Can Be Sued By Gay Couples
Bad news for homophobic former Kentucky County Clerk Kim Davis (above). Cue the sad trombone sound…womp womp womp An appeals court has ruled that Davis can be sued as an individual for refusing to issue marriage licenses to two same-sex couples after the historic U.S. Supreme Court Obergefell ruling in 2015. Reuters reports:
The Kentucky county clerk who in 2015 gained widespread attention for refusing to issue marriage licenses to same-sex couples may be sued for damages by two of those couples, a federal appeals court ruled late on Friday.
In a 3-0 decision, the 6th U.S. Circuit Court of Appeals in Cincinnati said Kim Davis can be sued in her individual capacity, though sovereign immunity shielded her from being sued in her former role as Rowan County Clerk.
Davis claimed that Obergefell v Hodges, the 2015 U.S. Supreme Court decision recognizing a constitutional right to same-sex marriage, did not apply to her because she stopped issuing licenses to everyone regardless of sexual orientation, and the plaintiffs could have obtained licenses elsewhere.
Davis lost her reelection bid last year. She was represented by the virulently anti-LGBTQ Liberty Counsel law firm. Mat Staver, the organization’s founder told the press, “She had no hostility to anyone, given that she stopped issuing all marriage licenses.” Liar. In related news, the 6th Circuit Court also ruled that the state of Kentucky is on the hook for $224,000 in legal fees incurred by the couples who sued Davis when she refused to issue same-sex marriage licenses. According to the Lexington Courier-Journal, Gov. Matt Bevin fought the judgment saying Davis should be responsible for the fees, not the state of Kentucky. He lost. Hate doesn’t pay, kids.
Faye Dunaway Sued By Former Assistant For Homophobic Abuse
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| Faye Dunaway (screen capture via YouTube) |
In the aftermath of being fired from the Broadway-bound play, Tea At Five, earlier this month, the New York Post’s Page Six reports Faye Dunaway is now being sued for homophobic abuse by her former assistant.
Actress Faye Dunaway relentlessly berated her gay personal assistant on the play “Tea at Five,” calling him “a little homosexual boy” before he was fired for complaining, a new lawsuit alleges.
Michael Rocha says in his Manhattan Supreme Court suit that he began working for the Broadway-bound production — from which Dunaway was eventually fired — on April 5 and was tasked with shopping, helping the actress take her meds, arranging her schedule and getting her to and from rehearsals.
Rocha — who worked at the Oscar-winning star’s East 57th Street apartment and was paid $1,500 per week — alleges that Dunaway “regularly and relentlessly subjected plaintiff to abusive demeaning tirades” and used his sexual orientation as a gay man to “demean and humiliate him at work,” the court papers charge.
The Post reported the Oscar winner was dismissed from the production last month just minutes before a performance after she allegedly slapped a crew member.
One source told the newspaper they were “fearful for their safety.”
Masseur Suing Kevin Spacey Says Other Alleged Victims Have Reached Out To Him
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| Kevin Spacey in a Massachusetts courtroom last month |
The Blast is reporting the masseur who filed a lawsuit against Academy Award winner Kevin Spacey for alleged sexual battery says two other men have told him they, too, were victims of sexual misconduct by Spacey.
According to court documents obtained by The Blast, the man suing the actor, using the pseudonym John Doe, says he has new witnesses.
He claims to know of two other “masseur victims” of Spacey’s “sexual assaults who expressed concern for their safety and/or do not want their names revealed publicly in the media.”
Doe says his lawyers will meet with Spacey’s to figure out the best plan to reveal the names to the actor, without harming the men in the process.
Spacey accuses Doe of refusing to turn over the names or other basic information about his allegations, including the date of the alleged sexual assault.
The actor “believes trial will be necessary” and that a “settlement is highly unlikely.”
Criminal charges against Spacey were dropped last month when a Nantucket teen, who had accused the actor of groping him in 2017, refused to waive his 5th Amendment rights.
The Usual Suspects star then made an unexpected appearance at a museum in Rome last week where he performed an impromptu reading of the poem.
‘Smirking’ Teen’s $250 Million Lawsuit Against Washington Post Dismissed
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| L-R Nick Sandmann, Nathan Phillips |
You may recall the sad tale of the ‘smirking teen’ who became the center of attention when he stood across from a Native American elder on the National Mall, appearing to block the elder’s path.
The teen, Nick Sandmann, eventually filed a $250 million lawsuit against the Washington Post for defamation in regard to the newspaper’s coverage of the incident.
Today, that lawsuit has been dismissed by a federal judge.
From Cincinnati.com:
William Bertelsman, who heard oral arguments in the case earlier this month, issued the ruling on Friday.
Nick and his attorneys, Todd McMurtry and L. Lin Wood, alleged that the gist of The Washington Post’s first article conveyed that Nick had assaulted or physically intimidated Nathan Phillips, engaged in racist conduct, and engaged in taunts.
But, Bertelsman wrote, “this is not supported by the plain language in the article, which states none of these things.”
Bertelsman accepted Nick’s assertion that he was only standing motionless across from Phillips, without ill intent.
But the Eastern District of Kentucky judge ruled that Phillips, who told the media he felt threatened, had a First Amendment right to express his opinion.
“He concluded that he was being blocked and not allowed to retreat,” Bertelsman wrote. “He passed these conclusions on to The Post. They may have been erroneous, but, as discussed above, they are opinion protected by the First Amendment.”
Phillips and Nick were captured on videos that went viral in January when they stood across from each other on the National Mall. Nick stared at Phillips as Phillips participated in a song with other Native Americans.
This video clip went viral, throwing Covington Catholic into the national spotlight. Longer video has since emerged showing how the incident started.Louisville Courier Journal
Bertelsman also ruled it was irrelevant to the defamation case that “Sandmann was scorned on social media.”
Sandmann has also filed lawsuits againt NBC and CNN for their media coverage as well.
Prior to today’s ruling, the teen was looking for a $750 million payday from the three news outlets for the ‘scorn’ he endured.
The other two lawsuits are still pending.
— Neale Scott 🥭🥭🥭🇪🇺🇪🇺🇪🇺 (@nealescott) July 26, 2019
Civil Lawsuit Alleging Sexual Assault By Kevin Spacey Dropped Without Explanation
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| Kevin Spacey during court appearance in December 2018 (screen capture) |
The young man who accused Academy Award winner Kevin Spacey of groping him at a Nantucket restaurant in 2016 has dropped his civil lawsuit
Local ABC affiliate WCVB reports the court filing alleging sexual assault by Spacey has been dismissed “with prejudice,” which bars the plaintiff from filing another case on the same claim.
From the court filing: “Plaintiff states that because no adverse party has served an answer or motion for summary judgment in this matter, Plaintiff is voluntarily dismissing this civil action.”
The lawsuit, filed on June 26, had sought a jury trial and damages for medical bills as well as emotional distress.
WCVB notes that the three year statute of limitations runs out this week.
Spacey still faces criminal charges in regard to the alleged sexual assault.
A hearing for the criminal case is scheduled for Monday.
Boston-based lawyer Marc Breakstone says the phrase “with prejudice” in the dismissal is a significant component to the case.
“I would say there is an overwhelming likelihood that there was a settlement and that the terms of the settlement will never be revealed because of a confidentiality provision,” Breakstone told the Boston Globe.
The veteran lawyer also surmises the criminal case could now be in jeopardy as well.
“I would say that the pros of Spacey will also come to a swift end because the [teenager] will not cooperate with the prosecution,” said Breakstone. “That’s the only plausible explanation for the sudden dismissal of the civil lawsuit.”
The allegations were made public in November 2017 by former local news anchor Heather Unruh, who claims Spacey groped her then-18-year-old son at the Club Car Restaurant in July 2016. Her son was employed there at the time as a bus boy.
According to documents filed in court, the teen asked to meet the Oscar winner after his shift ended at the restaurant. The young man admitted to investigators that he told Spacey he was 23-years-old.
Unruh says Spacey bought the teen several drinks, and eventually sexually assaulted her son by groping the teen’s leg. The court filing accused Spacey of unzipping the teen’s pants and groping him for approximately three minutes him without consent.
The teen admitted to police investigators that he didn’t say anything, attempt to stop Spacey, or walk away during the alleged assault.
During a December 2018 court hearing, Spacey’s legal team asserted the encounter was consensual.
Spacey’s attorneys point to the fact that the boy did not immediately report the incident to police. In fact, the teen wasn’t interviewed in person until a year later.
After the December court hearing, Spacey released a bizarre video via YouTube where he reprised his House of Cards character, Frank Underwood, urging the viewer to not rush to judgement.
“Despite even my own death, I feel surprisingly good, and my confidence grows each day that soon enough you will know the full truth,” said Spacey in the video.
The criminal case hit another snag last month when prosecutors told the court the teen’s cell phone had ‘disappeared.’ The prosecution reportedly used some text messages from the phone in justifying the charges against Spacey.
Spacey’s defense attorney, Alan Jackson, alleged some text messages had been deleted, and requested the chance to examine the phone.
The teenager’s lawyer, Mitchell Garabedian, told the court that the boy’s mother had given the phone to police investigators in December 2017, when the initial probe began, and neither the teen nor his parents “recall seeing the phone since.”
WCVB reached out to the teen’s mother, who declined to comment on the developments.
At the height of the #MeToo movement, Spacey was publicly accused of sexual assault and misbehavior by a series of men including actors Anthony Rapp, Guy Pierce, and Harry Dreyfuss, as well as crew members on the set of his Netflix series, House of Cards.
As a result of the wave of accusations, Spacey was dismissed from House of Cards and replaced in the film, All the Money in the World, after the movie had already been completed.
Additionally, he was dropped by his talent agent and publicist.
(source: WCVB, Boston Globe)
Trump Sues To Block Congress From Accessing His Financial Records
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| Donald Trump, Rep. Elijah J. Cummings |
The Washington Post reports that Donald Trump is suing to block Congress – specifically House Oversight Committee Chair Elijah Cummings – from accessing his financial records.
The lawsuit seeks a court order to prevent Trump’s accounting firm from complying with what his lawyers say is an improper use of subpoena power by congressional Democrats.
“Democrats are using their new control of congressional committees to investigate every aspect of President Trump’s personal finances, businesses, and even his family,” the filing by Trump claims. “Instead of working with the President to pass bipartisan legislation that would actually benefit Americans, House Democrats are singularly obsessed with finding something they can use to damage the President politically.”
The filing, in U.S. District Court for the District of Columbia, further escalates a clash between the White House and the Democratic-controlled House over congressional oversight.
Last week, Cummings subpoenaed Mazars USA, an accounting firm long used by Trump.
It’s important to note that the House Oversight Committee is specifically charged with oversight of the Executive Branch of government.
Cummings’ committee is seeking 10 years of financial records from Trump.
Trump WH constantly touts how many records were turned over to prove no collision. Why does the president fight so hard to keep anyone from seeing his tax returns, business records, bank loans? https://t.co/KLYIv2VeUd— Greg Miller (@gregpmiller) April 22, 2019
President has nothing to hide and that’s why he’s suing to hide his financial records. https://t.co/mpExrhLRK4— Molly Jong-Fast (@MollyJongFast) April 22, 2019
Chicago Is Suing Jussie Smollett For $130K Investigation
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| Jussie Smollett |
Just when we thought the whole Jussie Smollett debacle was done and done, the city of Chicago has announced it may file a lawsuit in an attempt to recoup expenses for the cost of investigating his alleged late-night attack.
In late January, Smollett filed a police report alleging he was assaulted by two masked men who beat him, poured an unknown liquid over his head and put a noose around his neck – all while reportedly shouting homophobic and racist slurs.
As reported here on The Randy Report, the investigation eventually turned to Smollett, and he was charged with 16 counts of filing a false police report.
Last week, the charges were abruptly dropped.
Two days later, the city sent the Empire actor a bill for $130,000 for expenses related to the police investigation.
Smollett apparently has no interest in paying the bill.
Via Variety:
“Mr. Smollett has refused to reimburse the City of Chicago for the cost of police overtime spent investigating his false police report on Jan. 29, 2019,” the city said. “The Law Department is now drafting a civil complaint that will be filed in the Circuit Court of Cook County… The Law Department will file the suit in the near future. As part of this legal action, the Law Department will pursue the full measure of damages allowed under the ordinance.”
Smollett maintains he is innocent.
“It is the Mayor and the Police Chief who owe Jussie an apology — for dragging an innocent man’s character through the mud,” his lawyer has previously told the press. “Jussie has paid enough.”
Michael Cohen Sues Trump For $1.9 Million In Unpaid Legal Bills
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| Michael Cohen |
Michael Cohen, former attorney and ‘fixer’ for Donald Trump, has a filed a lawsuit against his former boss asking for nearly $1.9 million in unpaid legal fees.
Cohen says his contract with the Trump Organization obligated the company to cover his legal expenses.
According to reports, the Trump Organization stopped paying Cohen’s legal bills in June 2018 after he began to cooperate with the Mueller investigation.
Michael Cohen, President Trump’s former lawyer and self-described fixer, sued the Trump Organization on Thursday, saying the company stopped paying his legal fees in June 2018 and breached a contract to repay him for litigation expenses. https://t.co/BAdxCqQ9Kt via @bpolitics— Tim O’Brien (@TimOBrien) March 7, 2019
Cohen has pleaded guilty to nine felonies stemming from a federal probe into campaign violations and other crimes. He has been sentenced to three years in prison.
He’s scheduled to report for incarceration on May 6.