John Strand can amend his original lawsuit against Cass County and ask for compensation for legal fees, a judge has ruled.
In an order filed in East Central District Court, Judge Mikal Simonson said Strand can include allegations that Cass County's countersuit violates his constitutional rights.
Strand, who last year sued Cass County to try to keep it from razing its old jail, is being sued by the county for $39,000.
The countersuit claims Strand and other members of the Save the Jail group cost taxpayers money when they obtained a temporary restraining order that halted construction for a week.
Strand calls the county's response a SLAPP, or "strategic lawsuit against public participation."
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"When government officials slap you with damage lawsuits, it has a hugely chilling effect on the right to participate," Strand said Wednesday.
John Goff, Strand's attorney, said Cass County's countersuit is an attempt to challenge or suppress First Amendment rights.
In his ruling, Simonson said Strand can present those allegations at the trial and a jury will decide if those claims have been proven.
The county opposed Strand's motion to amend his complaint because the new claims don't relate to the original lawsuit, said Cass County State's Attorney Birch Burdick.
The amended complaint will likely be filed within the next few days, Goff said.
Strand will seek a "reasonable sum" from Cass County to compensate for legal fees and emotional damages.
An exact dollar amount is yet to be determined, Goff said. Strand said his legal bills already total about $20,000.
The suit is expected to come to trial in January.
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Strand said he is relieved the judge didn't disqualify his arguments.
"As long as Cass County is going to have me tried by a jury, I'm going to see to it that they are also taken to the table," he said.
Readers can reach Forum reporter Amy Dalrymple at (701) 241-5590
