House Speaker Mark Eves will appeal a federal judge’s ruling that dismissed his lawsuit alleging that Gov. Paul LePage abused the power of his office when he threatened to cut funding to Good Will-Hinckley, a nonprofit in Fairfield, if it didn’t rescind its offer to hire Eves as its president.
Eves’ attorney, David Webbert, filed on Wednesday the first notice of appeal, which will be heard by a three-judge panel of 1st U.S. Circuit Court of Appeals in Boston.
Webbert could not be reached for comment Wednesday evening.
U.S. District Judge George Z. Singal ruled on Tuesday that when LePage threatened to withhold roughly $1 million in discretionary funding from the school last June, he was operating within the parameters of his duties as governor, and therefore was granted qualified immunity from Eves’ claims.
Singal found that LePage was entitled to qualified immunity because the statements he made about Eves did not constitute a threat to bring government power to bear against a private person or group, but were rather an “attempt to ensure that a public expenditure would be utilized to achieve a policy goal related to charter schools for at-risk youth.”
In rejecting Eves’ claims, Singal also said the nature of the dispute was ill-suited to courtroom resolution. He noted that courts have found the preferred solution to political disputes is through the democratic electoral process.
Singal’s 44-page decision was applauded by Republican Party leaders and by LePage’s attorney, Patrick Strawbridge.
“We remain confident that this case is without merit, and we will continue to defend it vigorously should the Speaker decide to appeal,” Strawbridge said in a statement issued Tuesday.
Strawbridge’s statement said that neither he nor the governor would have further comment on the pending litigation.
On Wednesday night, LePage’s spokespeople, did not respond to an email seeking comment on Eves’ appeal.
On Tuesday, Republican Party Chairman Rick Bennett issued a statement that said, “The governor continues to fearlessly raise questions about how business is conducted in Augusta. Here he appropriately challenged the prevailing sentiment in the State House that simply becoming a presiding officer in the Legislature suddenly qualifies a person for any publicly funded job.”
Contacted Wednesday, a Republican Party spokeswoman said Bennett stood by his statement.
Eves accused the governor of using taxpayer money and the power of his office to prevent his hiring by Good Will-Hinckley, and contended that LePage’s actions violated Eves’ constitutional rights, including his First Amendment rights of free speech, free association and political affiliation, as well as his 14th Amendment right to due process.
Good Will-Hinckley serves youths through a host of counseling programs and support systems, and also runs a charter school that is partially funded by the state.
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