Now to the details of the Motion to Dismiss. Since Attorney Stephanie Webster, representing the County, had drawn up that Motion, she went first.
1.Attorney Webster started by saying Plaintiff Murphy had failed to “serve” his lawsuit against the County on the proper person. Basically, only a legal “loophole” but still a requirement. Webster used a ton of words to say how bad it was not to serve a defendant in lawsuit. Completely leaving out much of what had actually transpired.
When Rev. Murphy’s time to speak came around, Rev. Murphy explained to Judge Cogburn that he had realized the importance of serving legal documents on the proper person and that he had sent by email to Cleveland County officials a Freedom of Information Act/Public Records Request stating he intended to file a lawsuit against Cleveland County and was asking for the proper name and address of the person that was to be served with the legal paperwork. That email will be included in an attachment for proof of what actually transpired in this regard. The County Officials that received this email also included the actual person authorized to accept service of lawsuit documentation. That person is County Manager Brian Epley. Every County Official, including Epley, refused to provide the information Rev. Murphy had requested.
The Judge then asked Attorney Webster whether or not the County had received that email request from Rev. Murphy and Attorney Webster agreed that they HAD received that email. That fact seemed to take Judge Cogburn aback as he mused that the County had refused to inform Rev. Murphy, when he had asked for the proper person to serve, then Cleveland County was using the fact that when Rev. Murphy served the lawsuit on the wrong person, Cleveland County is holding it against Rev. Murphy.
Attorney Webster also stated that Freedom of Information Act requests were covered by Federal Law and Cleveland County didn’t have to honor FOIA requests. All the while Webster had somewhere in her possession that email and that email specifically did NOT mention the Freedom of Information Act but instead stated “under Applicable Federal and State Law, please provide….” Such a flimsy excuse by Attorney Webster as well as Martha Thompson for not providing Rev. Murphy with the name of County Manager Brian Epley as the person to serve the lawsuit document on surely made a bad impression of Judge Cogburn. It also led Rev. Murphy to file a grievance complaint against Lawyer Webster under Rule 11 of Federal Civil Procedures and (including Martha Thompson) with the North Carolina State Bar for their unethical attempts to mislead and deceive Judge Cogburn during a hearing in Federal Court.
This was not all that transpired in this Motion to Dismiss Hearing:
2.Attorney Stephanie Webster then stated that Rev. Murphy had made false statements (lied) on all of his applications for re-employment with the Cleveland County Department of Social Services. Webster went on and on about this and that. But, when it was Rev. Murphy’s time to speak, he informed Federal Judge Cogburn that what he had written on the application forms were accurate to the best of his knowledge and anything that was allegedly false was still being determined in a separate “State” lawsuit in New Hanover County. Per my information and understanding of that separate case, the Cleveland County Department of Social Services my have themselves provided false or misleading information to the New Hanover County Department of Social Services that caused the NHC DSS to terminate Rev. Murphy. A termination that caused the lawsuit in New Hanover County that the Cleveland county Lawyers were trying to use against Rev. Murphy in his lawsuit against Cleveland County. I predict Federal Court Judge Max Cogburn will pay no attention to such petty DSS shenanigans as this.
3.The Cleveland County’s ‘Motion to Strike” Rev. Murphy’s “Response” to Cleveland County’s “Motion to Dismiss” was entered into Court Records but was so obviously weak and frivolous that Attorney Webster chose to hardly mention anything about it in the Federal Court Hearing. My guess on that is my “Robert A. Williams’s Public Deposition” on the matter was in Rev. Murphy’s “Response” and I was sitting there in the Federal Courthouse in Asheville totally prepared to testify to the Federal Judge about my small part in Rev. Murphy’s lawsuit against Cleveland County and the Cleveland County DSS. Apparently, Deputy County Attorney Martha Thompson had advised Attorney Stephanie Webster that I attended all the Cleveland County Commissioners meetings that involved anything and most likely everything involved in rev. Murphy’s lawsuits against Cleveland County, DSS and all. And that I had no fear of getting on the witness stand, looking the Federal Judge in the eye, putting my hand on the Bible and telling the Judge everything seen and heard. Of course, that was exactly why I was there. And that was exactly why NONE of the County Commissioners, DSS and any other County Official was NOT there.
Basically, that was the main issues that the Cleveland County lawyers were using in their “Hail Mary” attempt to stop Rev. Murphy’s lawsuit against them. Nowhere have they specifically stated in written Court documents that their clients (Cleveland County) have done nothing wrong, illegal or unethical. Not only have they not denied any wrongdoing, they CAN’T deny any wrongdoing without facing criminal felony perjury charges-in FEDERAL COURT. All they have are loopholes and delays, frivolous and weak, to try to escape justice for what they have illegally done. And they all know it.
Stay tuned folks, Federal Judge Max Cogburn’s ruling is due any day now.