PDF: Jim Logan
A Bradley County man who filed a federal lawsuit against the 10th Judicial District attorney general and a Bradley County judge says it’s “appalling” that the DA would claim immunity in the case.
The lawsuit by Jeremy Hopkins claims that District Attorney General Steve Bebb, General Sessions Judge Bill Baliles and private attorney Randy Sellers were involved in official misconduct during a criminal case involving Mr. Hopkins.
A scheduling conference to agree on court dates had been set for Friday, but Chief U.S. District Judge Curtis Collier delayed it because of several pending motions, officials said.
Both Mr. Bebb and Judge Baliles claim immunity from the suit, saying they were acting within their duties as state officials, court documents show.
“The 11th Amendment provides immunity against a claim for money damages against the state and individuals in their official capacities as state employees,” says the motion to dismiss by Mr. Bebb.
Mr. Hopkins disputes the motion.
“We don’t believe (Mr. Bebb) has immunity under the current law,” Mr. Hopkins said.
Jeff Miller, who is representing Mr. Hopkins in the case, declined to comment Friday.
Mr. Bebb also said he did not want to comment at this time.
In October, a Bradley County jury acquitted Mr. Miller of official misconduct in relation to his former job as county back tax attorney. Mr. Bebb’s office prosecuted that case, records show.
Jim Logan, who is representing Mr. Sellers in the suit, said Judge Collierwants to look at the three pending motions before setting any dates for court.
The complaint, filed Dec. 7, claims that Judge Baliles allowed Mr. Sellers, a divorce attorney, to prosecute a criminal case against Mr. Hopkins in a December 2008 hearing. At the same time, Mr. Sellers was representing Elisabeth Hopkins, Mr. Hopkins’ then-wife, in their divorce and child custody case, the lawsuit states.
WHAT’S NEXTIf the case is not dismissed, a scheduling conference will be set later to work out court dates.
The criminal case was a charge of custodial interference in which Mr. Hopkins was accused of violating a court order setting parenting time. But no such order existed, the complaint stated.
Mr. Bebb was included in the suit because he is responsible for the prosecution of all criminal cases within the 10th Judicial District, according to the lawsuit.
Judge Collier will review the motions to dismiss the case, but no date has been set to reschedule the conference, said his secretary, Sheila Hendrix. If the case is not dismissed, the conference will be reset, Ms. Hendrix said.