{"id":4226,"date":"2020-01-31T16:50:30","date_gmt":"2020-01-31T21:50:30","guid":{"rendered":"https:\/\/citizensforgoodgovernment.org\/online\/?p=4226"},"modified":"2020-01-31T16:50:30","modified_gmt":"2020-01-31T21:50:30","slug":"lawsuit-against-shelby-city-manager-rick-howell-picks-up-steam-shelby-taxpayers-footing-howells-lawyer-bills-judge-denies-howells-claim-of-immunity-based-on-criminal-o","status":"publish","type":"post","link":"https:\/\/citizensforgoodgovernment.org\/online\/2020\/01\/31\/lawsuit-against-shelby-city-manager-rick-howell-picks-up-steam-shelby-taxpayers-footing-howells-lawyer-bills-judge-denies-howells-claim-of-immunity-based-on-criminal-o\/","title":{"rendered":"Lawsuit Against Shelby City Manager Rick Howell Picks Up Steam!!! Shelby Taxpayers Footing Howell\u2019s Lawyer Bills!! Judge Denies Howell\u2019s Claim of IMMUNITY!!! Based on Criminal or Malicious Intent!! Orders Howell to Proceed to Next Step for the actual Trial!! Government Officials Everywhere fear same results!! Judge\u2019s Order and arguendo Provided by Robert A. Williams"},"content":{"rendered":"
\"image_pdf\"<\/a>\"image_print\"<\/a><\/div>

Superior Court Judge W. Todd Pomeroy has denied Shelby City Manager Rick Howells Motion to Dismiss a lawsuit for defamation filed against Howell by Shelby Businessman Willie Green. The Judge\u2019s Order attached below also ORDERS Howell to \u201cAnswer\u201d the complaint within 45 days. To \u201cAnswer\u201d a complaint per North Carolina Rules for Civil Court Procedures, requires Howell to respond to every item alleged in the lawsuit either to \u201cAdmit\u201d or \u201cDeny\u201d UNDER OATH to Every allegation. Since the lawsuit against Howell is grounded in an email where Howell defames Mr. Green in a written communication to other City Council Members and Mayor Stan Anthony, Howell\u2019s \u201cgoose\u201d is pretty much already cooked.<\/p>\n

And the Shelby City Council members as well as Mayor Stan Anthony\u2019s individual \u201cgoose\u201d may be cooked as well. As noted in the Shelby Star\u2019s Sunday January 26, 2020 front page article every Shelby Council Member and Shelby Mayor Stan Anthony have been advised by the City Attorney to say nothing in public about the lawsuit. Per this article MOST of the City Council and Mayor DID NOT follow their legal advice. Which opens them up for inclusion in this or a separate lawsuit against them for their egregious acts.<\/p>\n

It works like this. Governmental Officials and Employees are granted legal immunity against prosecution in the course of their actions in carrying out government business. That is as long as they are acting in \u201cgood faith.\u201d If it can be shown that the officials are acting with criminal or malicious intent, their immunity is null and void.<\/p>\n

Howell\u2019s Motion to Dismiss Green\u2019s Lawsuit was based on his claim of immunity, In the hearing of Howell\u2019s motion December 10, 2019, Willie Green alleged Howell\u2019s acts were made with criminal or malicious intent. The Judge Pomeroy agreed with Mr. Green\u2019s assertions that criminal or malicious intent was involved and DENIED Howell\u2019s Motion to Dismiss. And Ordered Rick Howell to Answer the Complaint within 45 days.<\/p>\n

Rick Howell had 14 days from the date of the Judge\u2019s Order to appeal Judge Pomeroy\u2019s ruling. Judge Pomeroy signed the Order on January 13, 2020 and the Order was filed with the Clerk of Superior Court that very same day. Now, it is January 28, 2020 and no appeal has been entered by Rick Howell into the Court files. So, now Rick Howell has 30 days left to file his \u201cAnswer\u201d and for the case to continue to trial.<\/p>\n

The next step after Howell\u2019s \u201cAnswer\u201d and before the actual trial, there is a period where \u201cdiscovery\u201d is applied. \u201cDiscovery\u201d is the legal process where each party, Willie Green and Rick Howell get to ask and answer each other\u2019s questions related to the case. One example of a Discovery question could be Mr. Green inquiring into Rick Howell\u2019s personal \u201cfinancial situation\u201d so the trial jury will know how much to fine Rick Howell if he loses the case against him. It is not beyond the realm of possibility that Shelby City Manager Rick Howell may end up living under a bridge with Mr. Green owning his job, house, his car, his property and his bank account. Or something along those lines. <\/p>\n

It is also possible that the Shelby Mayor and most of the other City Council members could be included in this or another related lawsuit and suffer the same fate as Mr. Rick Howell. Also, as this precedent is set, that governmental immunity CAN be removed for cause, and EVERY other Corrupt official in Cleveland County has to face this fact; that similar lawsuits will be brought by others who have been \u201cshafted\u201d by governmental agencies and employees, This is a tremendous tool to strongly compel those very same governmental agencies and employees who would \u201cshaft\u201d the citizens to not do so. And to do the right thing and in the right way. Evidence of this has already been seen on the Cleveland Community College Board of Trustees and even the School Board-to a point. As shown in the January 27, 2020 School Board meeting, corrupt officials tend to stay corrupt. They just try to find better ways (to cover-up better) to keep their immunity intact.<\/p>\n

In the end, it is always more effective for the citizens to vote out of office those that tend toward corruption. Keeping government in line is called \u201cchecks and balances.\u201d The Jury box and the Ballot Box is the ultimate solution for a good government. Mr. Green has won a victory in his quest toward the Jury box. The rest of us will have to be content to take advantage of the ballot box for our part in cleaning up Cleveland County government. And the 2020 Elections are the best place to start.<\/p>\n

Stay Tuned. For the rest of the story.<\/p>\nWG - Howell Motion to Dismiss-Denied<\/a>\n","protected":false},"excerpt":{"rendered":"

Superior Court Judge W. Todd Pomeroy has denied Shelby City Manager Rick Howells Motion to Dismiss a lawsuit for defamation filed against Howell by Shelby Businessman Willie Green. The Judge\u2019s Order attached below also ORDERS Howell to \u201cAnswer\u201d the complaint within 45 days. To \u201cAnswer\u201d a complaint per North Carolina Rules for Civil Court Procedures, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jnews-multi-image_gallery":[],"jnews_single_post":[],"jnews_primary_category":[],"footnotes":""},"categories":[32],"tags":[],"class_list":["post-4226","post","type-post","status-publish","format-standard","hentry","category-cgg-investigations"],"_links":{"self":[{"href":"https:\/\/citizensforgoodgovernment.org\/online\/wp-json\/wp\/v2\/posts\/4226","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/citizensforgoodgovernment.org\/online\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/citizensforgoodgovernment.org\/online\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/citizensforgoodgovernment.org\/online\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/citizensforgoodgovernment.org\/online\/wp-json\/wp\/v2\/comments?post=4226"}],"version-history":[{"count":0,"href":"https:\/\/citizensforgoodgovernment.org\/online\/wp-json\/wp\/v2\/posts\/4226\/revisions"}],"wp:attachment":[{"href":"https:\/\/citizensforgoodgovernment.org\/online\/wp-json\/wp\/v2\/media?parent=4226"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/citizensforgoodgovernment.org\/online\/wp-json\/wp\/v2\/categories?post=4226"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/citizensforgoodgovernment.org\/online\/wp-json\/wp\/v2\/tags?post=4226"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}