Friday, August 30, 2024

Judge dismisses three counts in Dagnan lawsuit against city of Carthage, council members


In orders handed down Thursday, Circuit Judge David Cole completely dismissed three of the five counts in former City Administrator Greg Dagnan's lawsuit against the city of Carthage and City Council members.

The claim of Dagnan, who was fired by the City Council, that the council violated the Missouri Sunshine Law was dismissed as it "failed to state a claim upon which relief can be granted." Also dismissed was an allegation of "tortious interference with Dagnan's contract, which was filed against council members Tiffany Cossey, Derek Peterson, Dustin Edge, Terri Heckmaster, Tom Barlow and Jana Schramm, former Parks Director Mark Peterson and Carthage Citizens United, with the judge again saying there was no claim on which relief could be granted.







The same ruling was made on the fifth count in the lawsuit, which alleged Schramm and Carthage Citizens United discriminated against Dagnan in their efforts to cause him to lose his job.

The judge allowed two counts in the lawsuit to continue.

Dagnan's allegation that he was fired "without just cause" because he had discovered corruption in the city government that led to criminal charges being filed against Mark Peterson will continue, but individual city council members were dismissed as defendants, leaving the city of Carthage as the sole defendant.

The other remaining count, Dagnan's allegation that he was defamed by the seven council members mentioned above, was also allowed to continue, with the city also listed as a defendant, but the judge orderd Dagnan to file an amended petition

16 comments:

  1. Anonymous7:08 PM

    Thanks Randy for your neutrality here. I really wish KSN/KODE would do the same. Whoever writes over there painted the most positive picture for Dagnan possible. Appreciate you for telling it how it is.

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    1. Anonymous2:50 PM

      How is reporting facts biased? Share with the evidence of bias? Still waiting for the evidence Dagnan did anything wrong. I assume it's because he blocked the shady land "deal" offered to the city. Someone didn't get to make money off if it and it pissed the medium fish in a tiny little town off.

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    2. Anonymous7:36 PM

      Can fire anyone without the person doing anything wrong. If a council, a county, a state, or a business want to make an improvement or change direction. They can. Legally. People generally want a reason for things. It makes you feel good to know why. Sometimes, it’s just because those who can make a legal decision, just go ahead and make a decision.

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  2. Anonymous7:10 PM

    I noticed another lawyer made an entry of appearance on Dagnan's side. I have a feeling we will see an appeal filed to get more of the counts back into play. Interesting the main count, and the one with the most teeth, was left in. Carthage will settle after depositions. This won't see a jury which is unfortunate.

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  3. Anonymous8:29 PM

    I disagree with the comment that KODE/KSN was biased in their reporting. There was one error, though. Nothing that can’t be remedied by reading casenet.com. I haven’t seen anyone, yet, report it perfectly, whether news media or social media. 5 different counts with multiple defendants is pretty tedious reading. Which, again, is why casenet is a good resource.

    I know Tiffany Cossey ignited a new round of CCU-side animosity toward KODE/KSN. So, they’ll now read/hear everything from them with that bias. Earlier in the year some amount of animosity was directed at this resource by the same. I’ve never seen the bias, personally. Mainly just people who don’t like the facts reported as they are. It would be great if the constant accusations and punitive efforts could finally just stop. It’s been beyond crazy. Plus, ll of it was ignited by the missing $142K discovered in the Parks Dept. Oddly enough, there’s a vast number of people who have never once shown any concern over the missing funds belonging to the citizens of Carthage. Hard to figure.

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    1. Anonymous7:41 PM

      I think we are all smart enough to realize there are two sides to every story. We have all seen it many times. While the news can report what the believe the story is, I am somewhat surprised that it does always seem like this particular story has just one side. KSN never talks about anything except what the council does wrong. Never pointing to the other side of the story. Additionally, it’s pretty comical that KSN gets upset when they are questioned about potential one sided reporting. It’s almost like they don’t like people disagreeing whit the facts as they see them.

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    2. Anonymous7:08 AM

      The “other side” of the story has never come out……..how can you report on something they refuse to talk about!?

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  4. Anonymous12:18 PM

    KSN gets upset? Are you assuming that? Hoping that? We don’t have evidence of it. Tiffany Cossey and those agreeing with her are in a continual state of “upset”. One of the main problems is they accuse others constantly but never define things. Never give examples. No revelations of fact. It’s always general accusations. It’s one reason why Dagnan has a case against them.

    When asked what specifics the Mayor had engaged in as cause for impeachment, Tiffany’s answer on record was “he’s acted like a dictator”. Dagnan was “corrupt”. KSN is “biased” and now “upset”. The State Auditor was “negligent and too busy”. The Police Chief and CPD are “corrupt” and “stalking/targeting” and corruptly treating “many citizens”. (Still no specifics, no investigations, no cases sited, no names reported, affording the city no ability to fire or discipline these supposedly “corrupt” officers. Tiffany and company clearly don’t mind leaving the citizenry in peril of this “corruption”. Can’t be bothered to offer up the specifics after the insults.) When specifics are required, their side simply evaporates and goes away. Then, they come back out with general negative accusations against another target.) The other facebook page is “hateful” (never mind the CCU page was constantly vicious and mocking of people for almost a solid year prior to the newer page ever existing.) The former City Attorney was “lazy” (never mind a fantastic Missouri law firm quickly and immediately snatched him up).

    Their trademark is broad general insulting remarks, but they never offer facts, details, evidences, or specifics. The only person they call upright, righteous, innocent, and good is the one and only citizen in Carthage currently charged with 5 felonies including stealing from the City and money laundering, with pages of facts and evidence sited against him. All to show, they’re not really interested in facts and truth ….just ruining people they have a personal disliking of with general non-specific insults.

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  5. Anonymous7:03 PM

    Missouri is an At-Will employment state which also includes most state workers, so legally don't have to give a reason for termination. Pretty common Human Resource rationale is the employee simply isn't a good fit, or creates a toxic word environment. Terrell Owens, Johnny Manziel, or Ryan Leaf ring any bells? One of the primary voices of that side proudly referred to himself as "the Merchant of Hate" as though is was a badge of honor or accolade, sighs exaggeratingly, pouts, and passively aggressively confronts disabled and retired citizens. The fact this wasn't renounced is another clear indication the dismissal was warranted.

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  6. Anonymous7:44 PM

    “The Merchant of Hate” isn’t a city employee to be reprimanded. Not sure what you’re hoping for there. “The Merchant of Hate” called himself that at a meeting, because that is the name Tiffany Cossey and one other council woman had dubbed him with as they mocked him for creating a page that shares the non-CCU side of issues. A page they hate. When he referred to himself by their own mocking name for him, he was merely putting their habit of insulting people they don’t like and name calling back on them. But, Tiffany Cossey, like a dog with a bone, can’t get over his using the name she gave him. So, like all other of her personal peeves, she can’t simply let it drop like any normal person would have. No, as always, she makes a spectacle of herself in meeting after meeting. So petty, tedious, and silly. But I do think it’s good we can recognize people can be removed for creating a toxic work environment, because this is precisely why Tiffany Cossey is going to be the first Carthage City Council Member to be removed from office this November.

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  7. Anonymous8:16 PM

    Let's just say that his attitude is a common attribute that is shared by "that side" that really has helped Ms. Cossey and her supporters. She's had to speak on topics which may have come across as terse, but still nothing to warrant getting fired. Or impeached. The best you can hope for is that she gets recalled. Which won't happen. There's literally 10 of you.

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  8. Anonymous9:30 PM

    His attitude has been more fair than the CCU side. Many of which have quieted down once they began realizing the legal ramifications of their involvement. He’s been far more fair than your side. I get the feeling reading your posts I’m exchanging with Tiffany Cossey now, though. 10 people involved? That’s a strange thing to say after over 500 signatures were signed. You do realize, each signature represents a constituent, an actual person. But, feel free to believe it’s merely 10.

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  9. Anonymous11:22 PM

    Make no mistake, we're thankful he's with the competition and he's been missed at the last few meetings. Of these 500 signatures, how many were coerced? How many live in nursing homes and still lucid? Signing a petition and casting a vote are two markedly different things. Posts from those against Cossey sound more and more like the rhetoric from North Korea. "The imperialists will be struck down on November 6th from a ferocious super-mighty turn out from ward 5!"

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    1. Anonymous12:25 PM

      This read like trumpian nonsense you see on social media!



      The Carthage Citizens United loons will be very triggered by any buses or vans giving people a ride to the polls!

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  10. Anonymous9:07 AM

    Okay, wow. Haha! Whatever you need to conjure up in order to cope I guess. Your side refuses to see and hear the voice of the people. Constantly claiming coercion each time the people speak up and out against what you’re doing. The lies on the CCU side have been rich and frequent, top down. I’m fine with just waiting for the November election to speak. But, when it happens I’m sure you’ll accuse them of stuffing the ballot boxes somehow.

    Meanwhile go on telling yourself, this is only 10 lucid people and the rest are nursing home patients who’ve lost their lucidity. Whatever gets you through it! I guess we’ll have to watch for all the buses to show up at the voting sites, with aids leading hundreds of alzheimer’s/dementia patients in and forcing their hands to vote for the recall. Should make a big news story on election day.

    You’re deluding yourself if you honestly think recall workers would bother to obtain signatures from anyone who won’t also be voting. In fact, securing that, and making sure they plan to and are able to vote was a big part of the effort.

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    1. Anonymous8:45 AM

      I'm wondering how many of the CCU supporters are lucid by any reasonable measure?


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