WESTOVER, W.Va. – Citing it as “hyperbolic and full of “self-service praise” the city of Westover has asked a federal judge to dismiss a lawsuit against the city brought by former city councilman Ralph Mullins.
The suit was filed in September against former mayor Dave Johnson, city attorney Tim Stranko, city clerk Sandy Weiss, plus current and former council members Duane Tatar, Steve Andryzcik, Gary Weber, Jeff Friend and Edie Viola.
The lawsuit alleges Westover officials violated his First and Fourth Amendment rights, the West Virginia Whistle Blower law, assaulted and battered him as well as slander. The suit also accuses the city administration of intentional infliction of emotional distress.
Former mayor Johnson was charged with misdemeanor battery after a physical confrontation that Mullins says left him with a torn meniscus.
For months prior to the altercation Mullins had accused city leaders of corruption and said he did have proof, but to date documentation of the allegations has not been made public.
The attorney representing the city, Thomas Buck responded by describing the confrontation as very minor and accuses Muillins of a “transparent attempt to financially and politically benefit” with the lawsuit.
The motion is being considered by Chief U.S. District Judge of the Northern District of West Virginia Thomas S. Kleeh.