1. First, an aggrieved party files a “Complaint” according to the Rules of Civil Procedure. State and Federal Courts have Rules of Civil Procedures that must be followed very closely. In this case the aggrieved person, called the Plaintiff, is Mr. Willie Green.
2. Next the person or entity that has allegedly caused “harm” to the Plaintiff, called the Defendant, is s officially “served” with Plaintiff’s Complaint. Usually the “Service” is by the County Sheriff’s Department. The Clerk of Court creates a Case File for the lawsuit and ever document that is created has to be filed with the Clerk of Court, who adds the document to the case file.
3. Then, the Defendant has 30 days to “Answer” the Complaint. Such an “Answer” either “admits” or “denies” each of the Plaintiff’s numbered allegations, often with a bit of clarification for each admission or denial. Often a “Counter Claim” may be prepared by Defendants and the Answer and Counter Claim us returned to the Plaintiff.
4. During the Complaint-Answer Process, or shortly thereafter there is a process Called “Discovery” where each party, Plaintiffs and Defendants, in accordance with the Rules of Civil Procedure, requests information from each other in regard to proving or disproving the merits of the lawsuit.
5. Often, during this period, a “mediator” is appointed by the Judge to mediate or “settle” the case dispute in some kind of agreed upon manner.
6. If the case cannot be settled, it goes to trial. Trial by Judge or Trial by Jury as might be the case.
7. If the case goes to trial, each side may produce witnesses or document to help make their case.
8. Once the trial concludes and all the evidence is introduced, the Judge or the Jury makes a decision in the case.
Usually there are numerous issues in the case that each side introduces in the form of a “Motion.” These motions are introduced anywhere after the case is served on the defendants and each motion must be heard by the judge and decided upon before the case progresses as noted above. Oftentimes the defendants will make many more motions that plaintiff, either to extend the dime it takes to get to a final judgement. Frivolous and an excessive number of motions are often filed to maximize legal fees for the opponent in the case, especially if one party has more money than the other party, to run the opponent out of the case because of the lack of funds required to obtain a final “justice” in the matter.
Now, for the Case of Willie Green vs. the City of Shelby and Rick Howell individually.
The original Complaint filed by Mr. Green is at the end of this article, along with other documents relevant to the case. We will summarize the case as we go along, but don’t believe a word of this summary. We recommend you read the documents and come to your own conclusions. YOU be a Jury Member in this matter.
Summary of Mr. Green’s Complaint:
1. Mr. Green’s Proposal to provide a Sports Complex in general accordance with Shelby’s 10-Year Plan was provided to the City of Shelby and despite good faith efforts by Mr. Green, no agreement was ever reached. Such provision would be the first “partnership” with the City of Shelby and an African-American person.
2. After two years of trying, Mr. Green’s proposals were never accepted and no good reason why was ever offered by =Shelby.
3. In the mean-time Mr. Green personally purchased 16.68 acres of prime property for the proposed Sports Complex.
4. Good faith efforts by Mr. Green were met by bad faith efforts by the City Counsel as well as Rick Howell in regards to negotiating an equitable arrangement for Mr. Green to partner with Shelby in providing a Sports Complex.
5. City Manager Rick Howell issued written correspondence to the city council that damaged and defamed Mr. Green. With malice and corrupt intent in acts outside and beyond the scope of his (Howell’s) official duties.
6. Mr. Green also contends that the actions of the Shelby City Counsel and City Manager Rick Howell were motivated by racial discrimination.
7. In general Mr. Green alleges Racial Discrimination and Libel per se (against Rick Howell Personally. Rick Howell’s allegedly libelous document is also found at the end of this article.,
1. Mr. Green originally filed his lawsuit in the North Carolina State Court to be tried in Shelby, NC on November 7, 2018.
2. The Defendants filed a Motion to Dismiss the case allegedly because the Sheriff’s Department “served” the complaint on Shelby City Employee Carol Williams who they allege was the “wrong person”
3. The Complaint was served on the “right” person and the case was not dismissed.
4. The City of Shelby and Rick Howell (foolishly?) had the case moved to the Federal Courts in Asheville, NC. And again filed Motions to Dismiss in case the Plaintiff failed to upgrade his Complaint to the Federal level. All the while delaying filing their “Answer” to Mr. Green’s Complaint.
5. Mr. Green’s attorney made all the necessary paperwork adjustments for Federal Court well within the allotted time. The case was not dismissed.
6. The City of Shelby And Rick Howell file Memorandum’s of Law alleging that they are immune from “prosecution” in this matter and again file Motions to Dismiss the case.
7. The cases have not been dismissed because of any motions by defendants. Defendants have NOT filed their answer to Mr. Green’s Complaint.
8. Note on the first page of Defendant’s Motion to Dismiss that Defendants always ask to defer answering the Plaintiff’s Complaint.