Patterico's Pontifications

12/11/2012

Update on Nadia Naffe Lawsuit

Filed under: General,Nadia Naffe — Patterico @ 6:41 am

As you may know, my lawyers in the Nadia Naffe litigation are Kenneth P. White of Popehat, and Ron Coleman from Likelihood of Confusion. Ken from Popehat reports on encouraging progress in the litigation:

Today I write to offer pleadings for anyone interested in the case, and a pleasing update regarding its status. As long as litigation continues, I’ll refrain for both prudential and stylistic reasons from arguing our case here, other than to say we continue to believe the case is an abusive and meritless attempt to retaliate against protected speech.

. . . .

In brief, Judge Wu agreed with us that the Complaint failed to state a claim under 42 U.S.C. section 1983 because the facts alleged do not show that Mr. Frey was acting “under color of state law,” as is required under that statute. After argument, he gave Ms. Naffe what he described as “just one chance” to amend — that is, he gave her a chance to file an amended complaint to see if she could plead facts sufficient to satisfy the requirements of Section 1983. Generally judges err in favor of giving a chance to amend.

Ken notes that, in response to our motions, Naffe dismissed all claims against my wife. He also cautions that the judge’s order

treats allegations of fact in the Complaint as true for purposes of the motion to dismiss, as is appropriate; that’s not a finding that the allegations are true. Many are not.

There are more details and links to all the pleadings at the link. If you read just one pleading, it should probably be this one (.pdf). On Ken’s and Ron’s advice, comments are closed, but I will note that I am very grateful to Ken White and Ron Coleman for their pro bono work on this case.

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