Zimmerlink defends detail in suit
The attorney for a Fayette County commissioner who sued her colleagues said in court paperwork that she does not believe she needs to be more specific about her claims. Attorney Jordan Lee Strassburger said in a filing Tuesday that the complaint Republican Commissioner Angela M. Zimmerlink filed against Democratic Commissioners Vincent A. Vicites and Vincent Zapotosky had enough detailed allegations in it.
Last month, a magistrate judge recommended that Zimmerlink file a more detailed complaint in the matter.
Strassburger is asking a judge to reject the finding that a more detailed complaint be filed.
Earlier this year, Zimmerlink sued, claiming her colleagues violated her First Amendment rights, took official action without her and retaliated against her for being an outspoken critic. Attorneys for Vicites and Zapotosky had asked that the suit be dismissed or that Zimmerlink be forced to file a more detailed complaint.
Strassburger argued that Magistrate Judge Cathy Bissoon applied the wrong legal standard and ignored detailed allegations about Zimmerlink’s exclusions from various meetings or decisions.
Among the things alleged in the suit were that Zimmerlink was excluded from initial deliberations about the enactment of a hotel tax, excluded from the appointment of a Right-to-Know officer for the county and excluded from other meetings and decisions.
In the report, Bissoon found the complaint was “devoid” of factual allegations that concerned alleged “official actions” taken without consulting Zimmerlink.
Strassburger noted that the exclusions Zimmerlink spoke out about were the official actions she was allegedly excluded from.
A federal court judge will rule as to whether a more specific complaint is necessary at a later date.