MOTIONS FILED IN SUTHERLAND LAWSUIT

  

Former Burleson County Judge Mike Sutherland, his business and Burleson County have filed motions to dismiss a federal lawsuit.

The suit, filed by a former clerk for the County Attorney’s Office, alleges Sutherland sexually assaulted her at the courthouse and at his business, The Funky Junky.

Sutherland denies all allegations, while his attorney is challenging legal aspects of the filing.

The motion, filed by attorney David Minton of Austin, says the plaintiff has failed to “properly, legally assert her claims”, so the case should be dismissed.  The motion goes on to claim she failed to properly assert a proper legal claim against The Funky Junky.

Burleson County officials are claiming the County Judge has not been formally served with the lawsuit.

The motion also states, she cannot establish that she was terminated due to any alleged involvement with the county judge.

The plaintiff states the county is jointly liable because Sutherland ‘acted under the color of the law’ when he allegedly sexually assaulted her in late 2017 and early 2018.

The case was originally filed in Caldwell, but was moved at Sutherland’s request to U.S. District Court in Austin.

No criminal charges have been filed and there is no investigation underway.