Thursday, December 5, 2013
The title of this post comes from a fascinating case in West Virginia, in which a judge hearing a civil rights case is alleged to have violated the plaintiff's civil rights. Here's how it begins:
The plaintiff in a civil rights lawsuit is urging a federal judge to follow Kanawha County Circuit Court Judge Tod Kaufman’s lead and deny a motion to dismiss recently filed by former Mingo Circuit Judge Michael Thornsbury.
Robert Woodruff made the argument on Dec. 2 in his lawsuit against Thornsbury, who is alleged to have attempted to violate his civil rights in an effort to woo Woodruff’s wife. Thornsbury is awaiting sentencing following pleading guilty to depriving another man of his civil rights.
Thornsbury alleged he wasn’t properly served with complaints filed by Woodruff and his wife Kim. Kaufman recently ruled against Thornsbury on the matter in Kim’s lawsuit.
“Defendant Thornsbury had lived at the address where service was made and was known to live there up until two days before service was affected,” Kaufman ruled.
“Defendant’s wife still lived in the house and obviously sought to avoid service of process.
“Defendant or Defendant’s wife made the effort to obfuscate proper service by filing a complaint with the postmaster. Defendant obviously had and has ‘actual notice.’”
Woodruff was referred to as R.W. in an indictment filed against Thornsbury by U.S. Attorney Booth Goodwin. On Oct. 2, Thornsbury pleaded guilty to charges in an information alleging a second scheme and resigned. He faces a maximum penalty of 10 years imprisonment.