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Hubbard case against Lincoln County dismissed

by Phil Johnson
| April 1, 2014 10:36 AM

A former Libby man’s case alleging corruption among county officials, including Sheriff Roby Bowe, was dismissed Monday.

U.S. Magistrate Judge Jeremiah Lynch dismissed Rob Hubbard’s case on grounds that Hubbard failed to comply with court orders issued just more than one year ago. In Lynch’s 37-page dismissal, the magistrate judge outlines numerous scenarios where he found Hubbard’s responses during discovery, a pre-trial exchange of information which will later be presented in court, to be untimely, misrepresented and insufficient.

Hubbard alleged Bowe, along with several other county officials, colluded to hassle him after a 2010 incident at the Koocanusa Marina. Hubbard said his life changed dramatically for the worse after a 2011 altercation between him and his son led to his separation from his children. Hubbard was later found not guilty of the assault charge.

Hubbard’s case against the county originally included former victim-witness advocate Carol Ramos, Justice of the Peace Jay Sheffield and Deputy County Attorney Joe Cik as defendants before summary judgments cleared the trio last year due to judicial immunity. Former Sheriff’s Office Lt. Roger Guches and former Sheriff’s deputies Travis Smith and Scott Rebo were listed as defendants when the case was dismissed Monday.

Hubbard, who was representing himself, requested Lynch recuse himself from the case. That request was rejected in Monday’s ruling.

Lynch reviewed a five-step guideline for dismissal, ruling expeditious resolution, docket management, defendant prejudice and the lack of less-drastic alternatives outweighed the disposition of the case on its merits.   

Hubbard said the case was dismissed on a technicality. He plans to appeal the judge’s decision.