U.S. District Judge J. Ronnie Greer has "dismissed with prejudice" all claims against Cocke County Mayor Iliff McMahan and the Cocke County government that were part of a civil lawsuit brought by a former reporter for The Newport Plain Talk newspaper.

According to Internet legal references, "dismissed with prejudice" is understood to mean that the claims in a lawsuit have been dismissed with good reason and the plaintiff is barred from bringing another legal action on similar allegations.

Judge Greer's action came in a decision in which he ruled on a Motion for Summary Judgment in the parts of a 2007 lawsuit that related directly to McMahan and Cocke County.

Mayor McMahan and Cocke County, through their attorney, Jeff Ward of Greeneville, filed the Motion for Summary Judgment. Judge Greer ruled on the motion in a 27-page opinion the judge issued on June 18.

The lawsuit had been filed in April 2007 by former Newport Plain Talk reporter Gary Butler, whose employment with the newspaper was terminated by the Plain Talk in November 2006.

The suit named as defendants: Jones Media, Inc., which is the parent company of The Newport Plain Talk, The Greeneville Sun, and several other community newspapers in East Tennessee; John M. Jones, publisher of the Plain Talk and the Sun; David Popiel, co-publisher of the Plain Talk; Jim Hekel, then managing editor of the Plain Talk; Mayor McMahan, both personally and in his capacity as mayor; and the Cocke County government.

Hekel died later in 2007.

Jones Media, John M. Jones, and Popiel are represented by Knoxville attorney Richard L. Hollow, while Butler is represented by Knoxville attorney David B. Hamilton.

In Judge Greer's ruling, he also ordered that the case "proceed to mediation on the remaining claims [those not directly related to McMahan and the Cocke County government] within the next 60 days."

The judge also canceled "all existing deadlines, the final pretrial, and the trial" of the lawsuit, adding "The parties shall report on the results of mediation on or before Sept. 1, 2009. If mediation has been unsuccessful, this case will be reassigned for trial at that time."

 

Background

Butler alleges in his lawsuit that the Plain Talk and Jones Media in effect conspired with Mayor McMahan to fire Butler from his reporting job in late November 2006.

   The reason, Butler claims, is that earlier that month, Butler pursued tips that led to the discovery that McMahan had taken part in a bear hunt in September 2006 without having an up-to-date hunting license.

Butler alleges that he was fired because of pressure and implied threats to the newspaper from Mayor McMahan.

In his lawsuit, he cites both federal and state laws, requests a jury trial, and asks more than $90 million in compensatory and punitive damages, with different amounts from different defendants.

Popiel and Jones Media Inc. President and CEO Gregg K. Jones have strongly denied any wrongdoing and have asserted that Butler's firing was the result of what they say was his biased reporting and related insubordination.

In a later addition to the original lawsuit, Butler alleged that he was not paid properly during his employment with The Plain Talk.

Popiel and Jones Media have denied any wrongdoing in connection with this allegation as well.