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THE STATE OF RIDGEWAY
RIDGEWAY COUNTY COURT
Tomskipetski5,
-against-
LewisMedvedeva, In His Official and
Personal Capacity as Chief of the Palmer
Police Department
Co-Defendant.
&
Palmer Police Department
Co-Defendant.
Case No. CCRC-CV-1308 (Case # Prior to
Dismissal)
APPEAL OF DISMISSAL WITH
PREJUDICE OF PLAINTIFF’S CASE
Presiding Judge: The Honorable Antradz
APPEAL OF DISMISSAL WITH PREJUDICE OF PLAINTIFF’S CASE
On 06/20/2021 the Honorable Judge Antradz of the Ridgeway County Court issued a
ruling in the case CCRC-CV-1308 which resulted in the case being dismissed with prejudice.
The counsel for the plaintiff in the case and the plaintiff himself both agree that the dismissal
with prejudice was not an ideal judgement in this situation, and as such are seeking relief in the
form of appeal.
Counsel for the former plaintiff and the former plaintiff primarily wish to appeal the
status of the dismissal. Counsel for the former plaintiff and the former plaintiff wish for the
dismissal to be changed to be a dismissal without prejudice. The counsel for the former plaintiff
and the former plaintiff continue to believe that the termination of employment which resulted in
the initial case was unlawful and justified a lawsuit.
There are several issues to be raised upon appeal. First of all counsel and former plaintiff
seek to contest the assertion made by the former defendant’s counsel (for information purposes
the former defendant is being represented by the District Attorney’s Office) that the former
plaintiff’s case did not meet the Iqbal/Twombly Standard. Counsel and former plaintiff contest
this claim made by the counsel of the former defendant. Counsel and former plaintiff also are
concerned that the judge may have potentially felt compelled to act due to pressure from
members of PPD command. For example, after the judge ruled to dismiss the case, a member of
the PPD command left a message implying that the judge had ruled in the manner in which this
command member had wanted. This is not to say that the judge is corrupt, but rather that
conditions existed that could have potentially influenced the judge’s thinking, and in the interest
of justice such a possibility must be considered.
The counsel and former plaintiff wish to have the order to dismiss the case with prejudice
be changed to a dismissal without prejudice, which would allow for future legal action on the
matter. Counsel and plaintiff do admit that some mistakes were made in filing, however there
still exist strong grounds for legal action on this matter and as such dismissal with prejudice will
prevent justice from being served in this case.
Ruling Being Appealed:
https://trello-attachments.s3.amazonaws.com/605cd9cba7a5f357b5858b89/60c938346b798b8f71
bd867d/a38ef647a02974fe621641000a88db77/CCRC-CV-1308_MTDWP_Ruling.pdf
Proof of Service: https://imgur.com/a/6svdMJn
DATED: June 20th, 2021
Respectfully submitted,
jedistormtrooper0625, Esq.
Counsel for Plaintiff
/s/ jedistormtrooper0625
Document record
File size
77.1 KB
Uploaded
Jun 21, 2021 12:00 PM
Filed
Jun 21, 2021 12:00 PM
Filing code
NOTICE_OF_APPEAL
Uploaded by
Tomskipetski5
Notes
Archived from the Trello docket (https://trello.com/c/hGr1bJ9n)