Kurt Henke Loses Appeal Of Defamation of Character Law Suit
By: Ron York
Vallejo, CA - The California Court of Appeal has ruled today against the Vallejo fire union president, Kurt Henke, and in favor of former and current city officials. The case was sent back to the district court for the determination of the amount of legal fees that Henke will have to pay the defendants. Speculation is that it is in excess of $200,000. In addition, Henke will have to pay his attorney, Alan Davis of San Francisco. That too could be in excess of $200,000.
The decision was critical of Henke and his attorney's argument. Apparently they did not consult the United States Constitution concerning free speech. Based on the findings, the appeal arrived D.O.A. While the word frivolous was not used, the contempt for Henke's case was obvious. Many people in Vallejo have suggested the lawsuit was politically motivated.
Soon after the decision was rendered, speculation began as to where the money would come from to pay for the legal fees. The fire union was not a party in the suit, only Henke. Will union money be used, or maybe money raised for the bankruptcy case? Until it is actually paid we will not know. There probably needs to be an accounting of the funds raised for the bankruptcy case.
Henke's supporters have been chastising the defendants for not settling by agreeing to not counter-sue for legal fees and damages. The defendants were not interested in paying the large legal fees for a case that had no merit. Today's decision takes one more log off the fire that is consuming Vallejo.
Read the decision for yourself