Judge denies summary decision in Hubbard case
Rob Hubbard’s lawsuit alleging corruption in Lincoln County has cleared another hurdle as it heads toward trial, but a federal judge has ruled once again to narrow the scope of the allegations and the list of defendants.
On Sept. 27, U.S. Magistrate Judge Jeremiah Lynch denied several of Lincoln County’s motions for summary judgement of dismissal, while upholding others. The ruling means some portions of Hubbard’s lawsuit have enough merit to reach a courtroom.
Hubbard, a former resident of Libby, is suing Lincoln County and several county employees - including Sheriff Roby Bowe - for an infringement of his rights and malicious prosecution.
The judge ruled there was enough merit in Hubbard’s case to proceed with claims that the defendants fabricated evidence and violated his right to due process and equal protection under the Fourth and Fourteenth Amendments of the U.S. Constitution.
The ruling also will allow Hubbard to seek punitive damages against the county for the actions of Bowe, former Sheriff’s Office Lt. Roger Guches, former Sheriff’s deputies Travis Smith and Scott Rebo and victim-witness advocate Carol Ramos.
Ramos was released from personal actions in a summary judgment last month, but the county could still be found liable for her professional actions. Justice of the Peace Jay Sheffield and Deputy County Attorney Joe Cik were released from the suit in August due to professional immunities.
“It was almost exactly what I predicted would happen,” Hubbard said. “I don’t agree with Cik and Sheffield being let off, but I’m happy. I can’t wait for the trial.”
Hubbard, who has no legal background, is representing himself. The events that caused the suit go back to an incident at the Koocanusa Marina in 2010 and a partner-family assault charge involving his then-17-year old son Christian in 2011.
Greg Bonilla, defense counsel, has said previously he prefers not to comment on on-going cases. He was vague but confident regarding the suit.
“All I can really say is a few of the claims did survive summary judgment,” he said. “But our motions in limine were all granted and his subpoenas were quashed. Not much evidence will be presented.”
A motion in limine is a court order that includes or excludes certain information from a jury trial. It is most often used to exclude personal, non-germane information about a defendant that may sway the jury negatively against them.
Bonilla continued, saying an Oct. 17 hearing for sanctions for discovery could deter a trial date further. He contends the hearing will point out Hubbard’s procedural errors in filing evidence, and could end the case.
Hubbard isn’t so sure.
“I’m being papered,” he said. “The lawyer I consult with just said that means they are trying to drown me with stupid motions and filings. It gets you to focus on the wrong thing.”
Hubbard believes his pro se status (self-representation) will shield him from whatever procedural errors he might be making in the paperwork.
Lynch may again urge the sides to meet for arbitration to create a settlement. Both parties have said it’s probably too late for that.
Hubbard has even submitted an investigation query to the Montana Public Safety Officer Standards and Training (POST) office for the conduct of the Lincoln County officials. Libby Chief of Police Jim Smith is one of the council members for POST.
New POST Executive Director Perry Johnson declined to comment on Hubbard’s request.
Depending on how the Oct. 17 hearing goes, this case could be tossed for improper filing of evidence or be heading to trial. Hubbard’s potential victory in the case could cost Lincoln County millions of dollars.