Gov. Robert Bentley this week requested, and received, a court date to fight allegations made by former ALEA head Spencer Collier in his wrongful termination lawsuit.
On Wednesday, Montgomery County Circuit Judge Johnny Hardwick set a hearing for July 26 for all motions pending in the lawsuit.
Bentley on Monday filed a motion seeking to be dismissed as a defendant in the lawsuit. Collier’s replacement as Alabama Law Enforcement Agency Secretary Stan Stabler also filed a similar motion as well as Bentley for Governor Inc.
Collier’s lawsuit names as defendants Bentley, Stabler, Bentley’s re-election campaign, Rebekah Mason (Bentley’s former adviser and, Collier said, the woman with whom the governor was having an affair), Mason’s PR company RCM Communications and Alabama Council for Excellent Government (the dark money group that paid Mason’s salary).
Both Bentley and Stabler, in their motions to dismiss, requested oral arguments to make their case.
Attorneys in the case have until July 19 to submit all filings to be considered during the hearing, according to Hardwick’s order.
Bentley’s 13-page motion to dismiss was filed by attorneys John Neiman, Stephanie Houston Mays and Mark Foley Jr. Their argument states that Bentley is protected from the lawsuit by sovereign immunity because he was performing his duties as governor when he fired Collier. The motion also asserts Collier’s lawsuit does not state a claim upon which relief can be granted.
The same team of attorneys filed Stabler’s response, also asserting that no claim was stated in the lawsuit against Stabler upon which relief can be granted.
Source: www.al.com
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