STATE OF RIDGEWAY
BATTALIONGAVIN )
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DOCKET NO. RSC-CV-320
Presiding Judge. DannLabs
Plaintiff
v.
SECRETIVERBLX, in his individual
Capacity.
Defendant
STATE’S MOTION TO INTERVENE AS A DEFENDANT
The State of Ridgeway moves to intervene as a defendant in the above-mentioned civil
suit.
INTRODUCTION
Per the Plaintiff’s civil suit, many things become increasingly evident as to the true
nature of the case. We are presented with a case where the Plaintiff is an individual who is
currently employed in the Ridgeway County Sheriff’s Office and is currently suing another
individual who happens to be employed in the Palmer Police Department, which has also been
noted by the Plaintiff’s Civil Complaint. See Civil Complaint, at page 2. Criticism is inherent in
nature when one engages in any sort of duty that arises as a result of one’s capacity, specifically
one’s official capacity in this case.
The State invokes the right to intervene in any civil case where the “government has a
substantial interest in the outcome of the suit.” See 1 R. Stat. § 223; see also Rid. Civil Claims
Act (2022)(2)(g). The interest must be substantial; however, this case further emboldens our
claim that we have a significant stake in the matter. We contend that our interest relies upon two
important principles which we will further explicate in this document: (1) law enforcement
officers must be protected when they criticize another officer’s actions, and (2) the government
cannot sue for defamation.
ARGUMENT
I. LAW ENFORCEMENT OFFICERS MUST BE AFFORDED PROTECTIONS
WHEN CRITICIZING ANOTHER OFFICER’S ACTIONS
We are faced with the situation where the Plaintiff, a law enforcement officer hired by the
Ridgeway County Sheriff’s Office, is suing another individual who is a law enforcement officer
in the Palmer Police Department. We are presented with a rather distinctive situation where an
officer criticizes the action, or “calls out” another officer for their actions, whether it may be true
or not, this must be a principle that is protected. Officers have always been and must be able to
continue this idea in order to ensure that there exists a means of criticism amidst a proper
channel to ensure that certain concerns are properly addressed among law enforcement officers.
The Defendant is being sued for defamation due to statements that he made regarding the
constitutionality and the validity of a search conducted by the Plaintiff. The Plaintiff was acting
in his official capacity as a deputy of the Ridgeway County Sheriff’s Office at the time. A law
enforcement officer will always be subject to scrutiny from the general public, as well as fellow
officers. To restrict the ability of fellow officers to criticize their peers in order to rectify a
situation and maintain the paramountcy that is exhibited in any action that has been executed by
a public servant, would be a blatant attack to the free speech that one is afforded by our State
Constitution, and by the Federal Constitution.
II. THE PLAINTIFF CANNOT SUE FOR ACTIONS THAT AROSE FROM
DUTIES HE CONDUCTED IN HIS OFFICIAL CAPACITY
The Plaintiff conducted a search on an unknown date and was under scrutiny from
another officer who alleged that the Plaintiff had conducted an illegal search. The Plaintiff, as a
deputy of the Ridgeway County Sheriff’s Office, then moves to pursue litigation against this
very individual due to the scrutiny that he received directly as a result of an action that the
Plaintiff undertook in his official capacity. The government, as well as any of its agents, have
always and will always continue to be subject to heavy scrutiny as this is an inherent right that
the citizens of the United States, and a right that is afforded the to the citizens of the State of
Ridgeway. The government cannot sue someone for the type of criticism that the Defendant has
levied upon the Plaintiff. Therefore, the State has a substantial interest in intervening in this case.
CONCLUSION
For the reasons above, and with the establishment of the substantial interest that is
necessary pursuant to 1 R. Stat. § 223, the State moves to intervene as a defendant in this suit.
TURNTABLE5000
Solicitor General
Department of Justice
Counsel of Record
Date: May 2nd, 2022
