Judge dismisses U.S. Rep. Massie's lawsuit

By 
 March 16, 2024

A judge has just dismissed a lawsuit that aimed to get U.S. Rep. Thomas Massie (R-KY) removed from election ballots. 

Lewis Circuit Judge Brian McCloud did so, according to Link NKY, on Friday, March 15, 2024.

What this means is that Massie, for now, will be able to continue his candidacy for Kentucky's 4th congressional district.

But, the matter, as will be demonstrated, is expected to continue in the courts.

Background

This particular lawsuit was brought by the Eric Deters, a former attorney who is challenging Massie in the race for Kentucky's 4th congressional district.

The Courier-Journal provides more details about how the matter ended up in the courts. In brief, Deters alleges that the reelection paperwork that Massie has filed is inaccurate.

"Massie filed to run for reelection Dec. 18. In doing so, he was legally required to include signatures from two voters in the district. Those voters signed the filing and included their address. The problem spouts from the signature of T.J. Roberts, a state representative candidate in Boone County, located about 20 miles southwest of Cincinnati," the outlet reports.

The problem has to do with Roberts's residency - there is a dispute about whether or not he actually lives in the 4th district. Deters claims that the listed residency is inaccurate, whereas Roberts claims that it is.

The problem, according to the outlet, stems from the fact that "the home Roberts shares with his grandparents burned down May 2, 2023 and was not able to be occupied until Jan. 11, 2024, which is the day he moved back in."

The ruling

As stated, Judge McCloud has sided with Massie in this matter, dismissing Deters' lawsuit.

Link NKY reports:

Lewis Circuit Judge Brian McCloud dismissed Deters’ lawsuit against Massie Friday, stating Massie’s candidacy filing with the state dated Dec. 18, 2023 “is valid and (Massie) shall remain a bona fide candidate.” The petition was dismissed “with prejudice,” meaning it has been permanently dismissed by the court.

It does not appear, however, that this is the end of the matter. This is because Deters has already made it clear that he will be appealing McCloud's ruling. It has been reported that Deters will appeal on procedural grounds.

According to Link NKY, "Deters said Friday that he will appeal McCloud’s ruling, arguing that the judge did not rule on Deters’ right to take depositions in the case."

Deters, at the time of this writing, has yet to file the appeal, but he is expected to do so on Monday, March 18.

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Thomas Jefferson
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