Monday, June 25, 2012

School Board Suit: No cause of action

Judge Jeff Cox ruled this morning that there is no cause of action in the suit that John Settle filed against the School Board.
Settled filed the suit last week seeking to overturn the April 21st bond election. Settle accused the board of misusing funds which were spent on advertising and promotion of the bond issue, an action which is forbidden by law.
The Judge said that if there was a misuse of funds, it is a criminal matter, not a civil one.
Settle also said that the Board committed fraud when it represented the bond issue as a renewal, when in fact it was a new proposition. Judge Cox hasn't ruled yet on that part of the suit.
UPDATE: Settle asked Judge Cox to recuse himself because he has friends who are connected to the school system. This was after he requested Judge Stinson to do the same because his son is a teacher. Judge Stinson did so.
This time, with Judge Cox, it was a no go.

11 comments:

  1. There never was a cause of action. The law is crystal clear on this issue and Settle knows it. He does this crap for publicity. Remember when he sued the Shreveport mayoral candidate for sign size violations. Suit dismissed. Lack of merit. FRIVOLOUS!!! This guy is what's wrong with the system.

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  2. John - FRIVOLOUS SUIT - Settle strikes again!!

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  3. Frivolous? Look at a different twist: Can the President use your tax dollars to launch an ad campaign to urge voters to not support congressmen who voted against the new health care plan? Is that OK with you? If you don't want it, why should the government use your money to support an issue you disagree with. Judge Cox said this is a criminal matter and not a civil one. I disagree. If you murder my spouse, can't I sue you? If you steal my car and tear it up, can't I sue you? If you take my money and use it how you want to instead of how I want to, can't I sue you? Judge Cox threw the ball into Schuyler Marvin's park. Do you really think he's going to go after it like Settle and investigate the matter, much less prosecute anyone? I voted for the tax but I vote against using my money to promote it because next time it may be an issue I disagree with.

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  4. Settle is a joke, this is nothing more than publicity for him. This is a BS lawsuit.

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  5. 7:30,
    Quit trying to use logic with these people. Bottom line is you either support the good ole boy system or your labeled an idiot. You speak out against them and you get verbally attacked. They can't ever defend their position on things so their only tactic is attack the messenger. I haven't heard one person that is for the school board defend their position with laws. Just attacks. Typical.

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  6. No surprise with Cox, he wouldnt do anything to screw up his chances of running for a higher Judge seat in the near future.

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  7. God bless the good old boy system - top 100 fastest growing parish/counties in the united states - say what you want - but the good old boy system is kicking a-- and taking names"

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  8. Anonymous at 905, that's awesome

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  9. The local idiots who are taking credit for Bossier's growth and good fortune would be squealing like pigs and playing Dueling Banjos if it weren't for Barksdale AFB.

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  10. While I am not a John Settle fan, his arguments were solid in this case. While Judge Cox did dismiss the misuse of public funds case citing a Desoto Parish case from 1988, he never said there was no misuse of funds. In fact, in the Boards own filing they all but admit they did break the law but there is no penalty under civil code fir such a violation. That would be a criminal matter. The Judge simply agreed. So if you were an attorney how would you introduce that to the people. Would you go directly to the DA and ask him in private to open an investigation or would you place public pressure for him to review the facts. And the facts on that charge are fairly compelling. The only issue is what is the punishment?

    As to the fraud charge the Judge never blinked. He proceeded to trial. Now fraud is likely a high standard to prove, but from the press clippings today it appears DC openly acknowledged he knew certain things and did not choose to disclose them to the public. Not know that the other witnesses said but it appears Bobby was clear taxes would go up.

    I think in the end Judge Cox finds a way to deny Settle's request, but this whole trial is really only a first round to the real business at the Appeals Court. Either side will appeal.

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  11. A politician backing up the politicians who raised our taxes, will wonders ever cease?

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