Legal Analysis: What Will Lewis’ motion to dismiss means

motion to dismiss the lawsuit against him.
motion to dismiss the lawsuit against him.

Sheriff Will Lewis has filed a motion to dismiss a lawsuit that was filed against him alleging sexual assault and harassment from a former assistant.

Lewis’ and the Sheriff Office’s attorney filed a motion to dismiss the lawsuit on Friday.

7 News brought in lawyer John Reckenbeil to analyze the motion and the amended lawsuit, filed by Savanah Nabors’ attorneys.

The 40-page lawsuit, filed on behalf of Nabors, is extensive for a personal injury lawsuit. Reckenbeil states that Nabors’ attorneys have to prove through the litigation that the relationship went from a welcome one to an unwelcome one.

Lewis’ attorney states that Lewis, in his official capacity, and the Sheriff’s Office cannot be federally sued under the 11th amendment. Reckenbeil see several other arguments as a way to trim the fat of the lawsuit. “They’re trying to trim down to the most finest elements that have to be proven,” said Reckenbeil.

It also states that Nabors has not exhausted administrative remedies under Title VII harassment laws. According to the amended lawsuit, Nabors has filed a complaint with the EEOC about her workplace under Sheriff Lewis.

Reckenbeil believes that the Title VII complaint may be the only complaint that isn’t dismissed.

“I don’t believe any other causes of actions have any relevance or will survive the motion to dismiss,” said Reckenbeil.