Motion to Dismiss Should Be Denied, Says Ga. PSC Rival

Georgia Public Service Commissioner Tim Echols’ motion to dismiss a free speech complaint against him should be denied because “basic, core principles of free speech law were violated and qualified immunity is no bar,” said plaintiff Patty Durand in a Monday brief (docket 1:22-cv-04548) in U.S. District Court for Northern Georgia in Atlanta. Durand, the Republican commissioner’s Democratic rival in an election that was canceled in November (see 2302020006), unblocked and restored access to Durand and others with opposing views on his Facebook page and Twitter account, leading Durand to dismiss her motion for preliminary injunctive relief, but other claims for injunctive relief remain, said the brief. After a joint agreement, Durand expressed her critical views on Echols 11 times, and she “has not been blocked again” so further court oversight “appears unnecessary,” but Echols claims “qualified immunity/that the law was not clear, (i.e., that he could maybe retaliate against Plaintiff based upon the viewpoint she expressed),” said the brief. Echols’ actions “violate long established, core free speech principles.” Durand also seeks “small nominal and actual damages” against Echols in his individual capacity for violations of free speech.