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Doerr files motion to dismiss lawsuit

President Judge Thomas Doerr

The lawyer for a Butler County Common Pleas Court judge accused of sexual misconduct by a county probation officer is asking a federal judge to dismiss the woman's civil lawsuit.

In a motion filed Tuesday, attorney Thomas McGinnis says the lawsuit filed against President Judge Thomas Doerr by Crystal Starnes fails to demonstrate “any violation” of Starnes' First Amendment rights; fails to state a “legally sufficient claim” for violation of her 14th Amendment right to equal protection; fails to demonstrate how Starnes' procedural due process rights were violated; fails to state an “actionable claim” of retaliation against Starnes; and argues that Doerr is entitled to “qualified immunity with respect to the claims asserted in the (complaint).”

The motion also argues that Starnes' lawsuit should be dismissed because her claims are “largely based upon time-barred events dating back to 2004, and (she) seeks to relitigate matters that were resolved,” by a settlement in 2014.

Starnes, in a lawsuit filed in October of last year, alleges that she and Doerr engaged in a years-long affair that Doerr initiated shortly before Starnes was hired as a probation officer by the county.

In her lawsuit Starnes claims that Doerr would initiate sexual encounters with her in a “business” relationship she felt she had little say in, and that she was subsequently the target of workplace harassment and retaliation at the hands of other courthouse employees who developed “resentment, antipathy and anger” towards her because of her relationship with Doerr.

The Butler County Court system also responded to the lawsuit Tuesday.

A full story will appear in Wednesday's Butler Eagle.

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