Sheriff files counterclaim
Attorney Kevin R. Corlew and Lydia R. McEvoy, representing Sheriff Scott Childers, have filed a motion through the Ray County court system requesting permission to amend the affirmative defenses and add counterclaims in response to the quo warranto filed by Attorney General Andrew Bailey earlier this year. The motion seeks permission to add two additional affirmative defenses to the original answer to the petition for quo warranto and affirmative defenses which was filed on March 28. According to Rule 55.33, parties are permitted to amend a prior pleading in order to present evidence that was overlooked or unknown at the time the original pleading was filed. Additionally, an exhibit labeled “Counterclaims, exhibit one” with two counts of counterclaims was attached to this motion.
Counterclaim count one states the attorney general’s actions against Childers violate his First Amendment rights under the U.S. Constitution.
“The First Amendment of the U.S. Constitution prevents the…