Washington County officials argue to keep lawsuit against them from being dismissed

Washington County Justices of the Peace Patrick Deakins (left) and Sam Duncan have filed a motion opposing voluntary dismissal of a lawsuit claiming they violated an activist's “guaranteed rights of speech and participation in democratic government.”
(NWA Democrat-Gazettte
Washington County Justices of the Peace Patrick Deakins (left) and Sam Duncan have filed a motion opposing voluntary dismissal of a lawsuit claiming they violated an activist's “guaranteed rights of speech and participation in democratic government.” (NWA Democrat-Gazettte

FAYETTEVILLE -- Two Washington County Quorum Court members oppose efforts by an activist preacher to drop a federal lawsuit he filed against them.

Clint Schnekloth sued Justices of the Peace Patrick Deakins and Sam Duncan in July 2021 claiming he was removed from county government meetings June 28, 2021, and July 15, 2021, and was deprived of his "guaranteed rights of speech and participation in democratic government."

According to the lawsuit, Duncan ordered a Washington County sheriff's deputy to remove Schnekloth from the June 28 meeting "for no apparent reason and without any good cause."

Deakins ordered a deputy to remove Schnekloth from the meeting room before the July 15 meeting started, according to the lawsuit.

Schnekloth moved to voluntarily dismiss the lawsuit a couple weeks ago, saying he no longer believes the lawsuit is worth the time and expense of trying it. Schnekloth wants the judge to dismiss the case without prejudice, meaning it could be refiled later.

In response, Deakins and Duncan filed a motion opposing voluntary dismissal of the lawsuit. They argue they're entitled to qualified immunity and summary judgment.

Brooks entered an order Monday directing Schnekloth to respond to the motion by Deakins and Duncan opposing voluntary dismissal.

U.S. District Judge Timothy Brooks said Schnekloth's reply should also say why he failed to respond to the officials' earlier motion for summary judgment.


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