On The Front Lines
Federal Court Allows Retaliation Lawsuit on Behalf of Civil Rights Attorney to Move Forward
WILMINGTON, Del.--A Delaware federal court has rejected a motion by government officials to dismiss a lawsuit filed by a civil rights attorney with the assistance of The Rutherford Institute. The lawsuit alleges that government officials sought to retaliate against attorney Thomas Neuberger for assisting citizens in legal actions against the government.
In allowing the lawsuit to move forward, District Judge Thomas N. O'Neill, Jr. ruled that if the alleged conduct of retaliation by government officials were proven to be true, the defendants violated Neuberger's constitutional rights to privacy and to be free from retaliation under the First and Fourteenth Amendments.
The lawsuit, filed in 2005, asserted that civil rights attorney Thomas Neuberger's right to the privacy of his personal medical information and his right to be free from retaliation for assisting in lawsuits against New Castle County and its officials were violated by former County Executive Thomas Gordon and Chief Administrative Officer Sherry Freebery.
According to the complaint, Gordon and Freebery violated Neuberger's constitutional rights by releasing personal and confidential health information about Neuberger. Judge O'Neill ruled that this information was "constitutionally protected information" and that the defendants' efforts to publicize this information would have a chilling effect on Neuberger's efforts to assist citizens with claims against the County.
The court also held that "Neuberger cannot be punished for speaking to the media regarding government corruption and illegality," and the allegation that County officials released private information, spread false rumors, and falsely accused Neuberger of unprofessional behavior in full-page newspaper ads purchased by the defendants in retaliation for engaging in such speech and representing clients who took stands against such corruption stated a claim for a violation of the First Amendment.
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