Judge dismisses three counts in Dagnan lawsuit against city of Carthage, council members

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In orders handed down Thursday, Circuit Judge David Cole completely dismissed three of the five counts in former City Administrator Greg Dagnan’s lawsuit against the city of Carthage and City Council members.

The claim of Dagnan, who was fired by the City Council, that the council violated the Missouri Sunshine Law was dismissed as it “failed to state a claim upon which relief can be granted.” Also dismissed was an allegation of “tortious interference with Dagnan’s contract, which was filed against council members Tiffany Cossey, Derek Peterson, Dustin Edge, Terri Heckmaster, Tom Barlow and Jana Schramm, former Parks Director Mark Peterson and Carthage Citizens United, with the judge again saying there was no claim on which relief could be granted.

The same ruling was made on the fifth count in the lawsuit, which alleged Schramm and Carthage Citizens United discriminated against Dagnan in their efforts to cause him to lose his job.

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The judge allowed two counts in the lawsuit to continue.

Dagnan’s allegation that he was fired “without just cause” because he had discovered corruption in the city government that led to criminal charges being filed against Mark Peterson will continue, but individual city council members were dismissed as defendants, leaving the city of Carthage as the sole defendant.

The other remaining count, Dagnan’s allegation that he was defamed by the seven council members mentioned above, was also allowed to continue, with the city also listed as a defendant, but the judge orderd Dagnan to file an amended petition.

Originally appeared on The Turner Report

For more coverage of southwest Missouri and former Carthage Press Managing Editor Randy Turner’s daily column, sign up for the Turner Report Newsletter by e-mailing [email protected].

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