After mentioning he had more important things to do, a Pulaski County circuit judge refused to dismiss a lawsuit filed after a physical altercation between the state's treasurer and an attorney who was trying to depose the treasurer's wife.
On Tuesday, Circuit Judge Mackie Pierce denied the request from Arkansas Treasurer Dennis Milligan to dismiss the complaint filed against him by Luther Sutter in March.
Milligan -- who has been sued by Sutter on behalf of a former treasurer's office employee -- represented himself in court. He argued that Sutter failed to state a claim or cause for damages over a pushing match that occurred between the two men during a February deposition. No criminal charges were filed in the altercation.
Pierce denied the motion, and the case will proceed.
"As much as I would like to dismiss y'all's action and have you out of my hair -- I have a lot of important things to deal with. I don't consider this one of them," Pierce said. "But you're in front of me, you have a cause of action, and I'll allow it to proceed at this juncture."
Sutter has been suing Milligan in both state and federal court on behalf of a former employee, David Singer, who claims defamation by Milligan and members of his staff. Singer was fired in April 2015 and first sued Milligan in May of that year.
In early February, Sutter scheduled Milligan's wife, Tina, for a deposition. According to a police report filed by Milligan, when Sutter entered the room where the deposition was to take place, he was talking on his phone and was cursing.
Sutter claimed the "cuss words" were not directed at Tina Milligan and said he quickly apologized.
Milligan then "exploded," according to Sutter's lawsuit, and started yelling at Sutter and came around the table.
Sutter claimed in his lawsuit that he was fearful for his safety given Milligan's "practice of threatening circuit judges, political opponents, and young girls," and when Milligan "rushed" Sutter, Sutter pushed Milligan back in "self-defense."
According to Milligan, the treasurer asked Sutter not to curse in front of his wife, and Sutter told him to "come around the table and 'make him.'"
Milligan said the spat caused him chest pains, and he returned to work later that week with an arm in a sling. Both men filed reports with law enforcement but declined to seek criminal charges.
Sutter's case does not request any relief or cite potential damages, according to Milligan, who said in his court brief that Sutter has brought "countless complaints" against him.
"[The suit] merely asks the court to referee a schoolyard dispute to determine who's telling the truth," Milligan said Tuesday in court.
Sutter resisted the motion to dismiss, arguing that he didn't need to claim damages because he was asking the judge to determine a matter that Milligan could also bring to court.
"There's a difference of opinion of what happened that day," Sutter told the court. "The man says I battered him. I'm saying, 'No, I didn't, it was self-defense.' ... Unless [Milligan] gets up here and says 'there's no justiciable controversy and I don't intend to sue Mr. Sutter,' then there is a controversy today."
Sutter also said that the altercation could present a conflict of interest if he were to take on another client wanting to sue Milligan, of whom Sutter said there are many.
Following Pierce's ruling, Milligan said he was disappointed that the judge didn't dismiss the case but that he'd go forward.
"That's why we have the system we have. I think it's the best in the world," Milligan said. "We'll take it on and set a court date and figure this out."
Metro on 06/01/2016