Friday, December 20, 2013

Judge denies dismissal in civil case against former Mingo County judge


A judge ruled Wednesday that a former Mingo County judge was properly served in lawsuits filed by his ex-secretary's husband.
Kim Woodruff, Michael Thornsbury's former secretary, and her husband, Robert, filed separate lawsuits against the judge and several other public officials and entities in September.
Federal prosecutors claim Thornsbury tried to frame that secretary's husband because Thornsbury was romantically involved with his secretary at one point.
A process server for Robert Woodruff delivered documents to Thornsbury's house in Williamson in October, making contact with his wife, Dreama.  Thornsbury filed a request to dismiss the suits, claiming he wasn't property served because he had moved out of the house several days before.
U.S. District Judge Copenhaver issued an order denying Thornsbury's request to dismiss the lawsuit and to quash the process server.
"Mr. Thornsbury lived in the residence until two or three days prior to the [server's] visit," Copenhaver wrote in his order, dated Dec. 18. The federal judge also noted that, "Mr. Thornsbury has received actual notice of this action inasmuch as he has sought dismissal...the quashing of this service would under these circumstances would only result in delay and unnecessary expense."

In Nov., Thornsbury's request to have a civil suit filed by his ex-secretary dismissed was also denied.