Attorney for City of Carthage, Cossey, Snow asks judge to dismiss Dagnan lawsuit

The Kansas City attorney representing the city of Carthage and council members Tiffany Cossey and Alan Snow filed a response today in Jasper County Circuit Court to former City Administrator Greg Dagnan's amended petition in his lawsuit against them.

Attorney Matthew Justin Gist of the firm of Ensz and Jester P. C. asked Judge David A. Cole to dismiss the case, claiming part of the petition is barred by the doctrine of sovereign immunity, that Missouri law does not allow plaintiffs to seek punitive damages against cities and that Dagnan "failed to state a claim upon which relief may be granted."

The response also questioned Dagnan's claim that the firing caused him emotional distress.

To the extent Plaintiff is making claim for emotional distress, Defendant City affirmatively pleads that Plaintiff’s alleged injuries are not medically diagnosable or attributable to the allegations made in his Second Amended Petition. Defendant affirmatively pleads that any emotional distress suffered by Plaintiff is attributable to other stressors in his life as referenced in his pleadings.

Cossey and Snow are the only remaining council members on the defendant list. Dagnan did not list the other council members as defendants in the amended petition.

Carthage Citizens United is also listed as a defendant for part of the lawsuit and filed a motion to dismiss Tuesday. 

The Turner Report: Court filing: Carthage Citizens United never worked to have Greg Dagnan fired (rturner229.blogspot.com)

Gist also filed a motion for a partial summary judgment today.