February 14, 2007

Man Files Suit Over Being Called An “Ass” – Proves He Is One

This may be one of the more outrageous attempts to go after the deep pockets of government – and one of the more absurd claims of a violation of the First Amendment.

Bob DeMotte was called an “ass” last year by a member of Spokane’s Citizen’s Review Commission after he complained about how police handled a neighborhood fracas involving an off-duty Spokane police lieutenant and two of her children.

Now heÂ’s fighting back.

DeMotte, a retired author and Spokane resident, last week filed a $1 million claim for damages with the city. His rebuff before the review commission last October and the insult by commission member Marie Yates constitutes a “chilling effect on First Amendment free speech, defamation of character, and tort of outrage,” according to his claim.

“Robert DeMotte was a citizen of the city of Spokane exercising his First Amendment right of free speech at the invitation of Chief (Anne) Kirkpatrick,” said his lawyer, former Spokane County Prosecutor James R. Sweetser, in a statement accompanying the claim.

The commission’s decision to meet behind closed doors in executive session – over the objection of The Spokesman-Review – and Yates’ insult after members announced their decision to take no action “has a chilling effect on all Spokane citizens’ First Amendment Rights, constitutes defamation of character, and is outrageous,” Sweetser’s statement says.

Frankly, I think Marie Yates got it exactly right – Bob DeMotte is an ass. A million-dollar suit against the city for a comment made by an 83-year-old after a meeting, in a hallway, is evidence enough of that. Even public officials have the right to express personal opinions after a meeting is over.

And Bob – I dare you to sue me, for it will AGAIN prove you to be the First Amendment hypocrite that you have shown yourself to be by filing this one.

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Posted by: Greg at 12:27 PM | Comments (19) | Add Comment
Post contains 395 words, total size 4 kb.

1 Hi Greg, I completely agree with you--I think it is outrageous--wonder if you have more info than what's in the papers about this? Thanks, molly

Posted by: Molly at Wed Feb 28 12:27:10 2007 (e1+UE)

2 Since my post of 2-28 I have investigated this matter and found that it is not a matter of someone calling someone else a bad name. It's a matter of the citizens of spokane having a voice in how their government is run. This is not a matter of money but apparently that's the only way to make these corrupt city officials sit up and take notice. What can you say about a Citizens' Commission Committee that has been totally inactive for 10 years and half of the people are polce representatatives in some form? Obviously the citizens of this city have no voice. Letters to the editor of the newspaper prove otherwise. If it hadn't been for Mr. DeMottoes action Spokane STILL wouldn't know how to fight back. It all started with huge amounts of property crime that police refused to help with. Read the papers further further to educate yourself--start with polce dept and Otto Zehm for starters.

Posted by: Molly at Fri Mar 2 07:40:10 2007 (e1+UE)

3 Even if one concedes every point you make -- and I don't take a position on them one way or another -- this suit is still frivolous and without merit, and proves him to be an ass.

Posted by: Rhymes With Right at Fri Mar 2 13:30:10 2007 (cDj45)

4 OK, now I understand where you're coming from--you are either a family member/friend of one of the commission members or a really far, far left wing nut who is not capable of using both sides of the brain. If you had done your homework, you would understand what I'm saying. How foolish to stand a stand without knowing all the facts.

Posted by: Molly at Fri Mar 2 14:46:12 2007 (e1+UE)

5 Gee, Molly, you clearly have your head inserted so far up your ass that you have cut off all oxygen to your brain. I am not a family member or friend on anyone on the commission -- and my total time in Spokane has been limited to a three hour plane layover in December, 1994 while traveling from my parents' home to the home of my then-fiance's (now my wife) home. Being called an "ass" after a meeting by a member of the commission in no way creates a "chilling effect on First Amendment free speech, defamation of character, and tort of outrage". Indeed, if Mr. DeMotte prevails in this case he will have created a chilling effect on the First Amendment rights of any public employee or member of any government body. I don't take any position on how well the complaint procedure works or the state of citizen participation in Spokane. I limit myself to the frivolous claim that a violation of civil rights and liberties exists when one is called an "ass' by someone who believes one to be an "ass".

Posted by: Rhymes With Right at Fri Mar 2 15:48:06 2007 (r6ff7)

6 Well, I guess you still don't get it. This case had nothing to do with being called an ass--it's too bad the newspaper used that headline. Let me explain the problem here. This all started with property theft--the spokane police do not come out to investigate, ever, for anyone. Some people have reached the point where they have to protect their own property. One man did. Let's call him Joe. The kids who were doing the vandalizing were a cop's kids. The kids lied, the cop lied. This innocent man, Joe, went to jail, had to pay lots of lawyering bills to protect himself. Bob DeMotte tried to help him. DeMotte went to the new police chief. She refused to read his documented reports. She then sent him to the Citizen's Commission. This meeting was called solely to hear his report. While at the meeting, Marie Yates called him many other names and made many other nasty comments about him. She did not know him, and he did nothing to warrant her behaviour. The commission would not allow him to ask questions or speak, although he was the only complainant regarding the police officer's misbehaviour on the night of the incident. There is a definite problem with the police dept in spokane. Mr. DeMotte is trying to help. That's why I said you should check out everything before you make a judgement call, Greg, and please note that I do not say that YOU, instead, have your own head up your own ass! If you do not know all the facts, then please don't jump to conclusions over something you do not know about. The true mark of intelligence is one who will investigate ALL the facts, from ALL sides before making a judgement call.

Posted by: Molly at Fri Mar 2 16:30:01 2007 (e1+UE)

7 Excuse me -- you came here and insulted me for daring to disagree with you, and then have the gall to take offense at my responding in kind? You must be joking. But let's assume that your claims are 1005 correct. The proper solution is to deal with the issue at the ballot box by electing new leadership for the city, not filing suit because someone called someone else a name.

Posted by: Rhymes With Right at Fri Mar 2 16:53:48 2007 (r6ff7)

8 Hi Greg, sorry for calling you a left wing nut. I was rude--I usually do not talk like that. I had hoped that since you are a history teacher, and likely a thinking man, you would like to know the rest of the story. But the name calling did begin with you, Greg, and I sure did not make it a personal attack as you did, telling YOU that YOU had your head so far up your ass you couldn't get oxygen. As far as the facts, I rest my case, as it appears you do not want to know the rest of the story. and since you are a teacher, that is sad.

Posted by: Molly at Sun Mar 4 04:26:20 2007 (e1+UE)

9 Gee, Molly, not only is your head so far up your ass you can't breathe, you also lie like a Clinton. You came to my site. You insulted me. And now you play the victim when I gave you both barrels for it. Maybe you are the left-winger, given your playing of the victim card and your facile reinvention of history to bolster your case. And I repeat what I've said -- even if each and every point you make is true (and I doubt that now, given your dishonesty on this thread), it STILL does not change the fact that DeMotte is an ass for including a claim for damages over words said in a private conversation after the meeting.

Posted by: Rhymes With Right at Sun Mar 4 08:20:29 2007 (XbxGl)

10 Greg, seems you do not want to listen to facts or to accept my apology--this incident was NOT done in a private conversation, but in the midst of everyone there, out loud and open to maybe 30 people standing there--how bout I take you up on your first post where you dared Bob to sue you? Give me your address and I'll pass it on, OK. Put your money where your mouth is. You say I'm playing the victim? That I lied? Not true at all! Prove to me where I lied. And please note that once again, it is YOU not me that is doing the ass calling thing.

Posted by: Molly at Sun Mar 4 08:59:56 2007 (e1+UE)

11 Actually, Molly, I've looked at your so-called facts and disagree with your interpretation. And as for Mr. DeMotte, he is welcome to email me.

Posted by: Rhymes With Right at Sun Mar 4 09:16:13 2007 (XbxGl)

12 So, disagreeing with my interpetation means that I lied? I don't care that you disagree, but I do care that you accuse me of lying when you have nothing to prove your case. I'll pass your email along to him.

Posted by: Molly at Sun Mar 4 10:12:01 2007 (e1+UE)

13 No, Molly, the lie is your claim that you didn't attack first. When I didn't fall all over you and announce my unswerving fealty to your interpretation of events, you trotted out insulting comments at me, and began to play the injured party when I struck back, claiming I'd attacked you first. And as for Mr. DeMotte, he is welcome to file suit in federal court here in Houston. Unfortunately for him, that suit will be quickly dismissed because being called an ass by a private citizen does not constitute a grounds for civil action -- as was my point in the original post. And any suit against me over this issue would have a chilling effect on my First Amendment Rights.

Posted by: Rhymes With Right at Sun Mar 4 10:34:48 2007 (XbxGl)

14 I give up, Greg! My apology was true. I tried to give you the facts. If you don't want to look at them, that's up to you, but it does not give you the right to repeatedly make comments to me about up the ass thing. That's a far cry from wing nut. This is my first time blogging, and your misunderstanding, refusal to possibly look at the other side, and your anger really turns me off, and makes me not want to bother trying this again. Hope you have better understanding of your students. signing off, Molly

Posted by: Molly at Sun Mar 4 15:45:41 2007 (e1+UE)

15 And sadly, I still don't see a lick of sincerity on your part.

Posted by: Rhymes With Right at Sun Mar 4 21:57:30 2007 (51ZCm)

16 Well, you are wrong!

Posted by: Molly at Mon Mar 5 07:32:17 2007 (e1+UE)

17 Greg....you're an idiot!!

Posted by: Sandy at Tue Aug 21 10:43:16 2007 (M7DBG)

18 What an insightful analysis -- would you care to elaborate?

Posted by: Rhymes With Right at Tue Aug 21 13:16:48 2007 (/Y7d5)

19 Her is some observation from Spokane on this matter. Includes some facts that might help round the picture out. http://spokanepoliceabuses.wordpress.com/2007/10/17/marie-yates-qualified-for-what/

Posted by: David Brookbank at Thu Nov 15 19:29:25 2007 (gyG59)

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