Hamburg, Iowa -
Former mayor Terry Holliman’s civil suit against former Sheriff Steve MacDonald has been dismissed from district court.
“I’m very, very happy the judge ruled the way he did,” MacDonald said. “When the information was all presented, I had no doubt it would turn out the way it did.”
According to court records, then Hamburg Mayor Holliman accused then Fremont County Sheriff MacDonald of a series of spiteful acts that were initiated because Holliman refused to employ the sheriff’s office as the main law enforcement for the city.
Court documents refer to the criminal case filed against Holliman in connection with the killing of multiple dogs by former Hamburg Police Chief Nick Millsap. The charges against Holliman were dismissed.
Holliman also blamed MacDonald for an audit of the City of Hamburg that lead to a second degree theft charge, a theft by misappropriation charge as well as a case to remove Holliman from office.
Holliman’s lawsuit alleging malicious prosecution, abuse of process, libel, slander and negligent infliction of emotional distress was originally filed in November of 2007. A year ago portions were dismissed in a summary judgement granted on the claim of malicious prosecution with respect to the theft charge, abuse of process with respect to the theft charge and negligent infliction of emotional distress.
Judge Jeffrey Larson granted the motion for summary judgement, looking at each of the charges individually to see if there was enough evidence to move forward with a trial.
Holliman said he is not satisfied with the judge’s ruling and said it is a result of “judge shopping” on the part of MacDonald’s defense.
“They judge-shopped and got a judge that was sympathetic to their case,” he said.
Holliman said he may appeal or may even bring a suit against the special prosecutors of the case — Pottawattamie County Attorney Shelly Sedlack and Pottawattamie County Attorney Matt Wilber.
“If you read the judge’s ruling, they fell on the knife for him,” Holliman said. “They said he bore no weight on the decision to prosecute, but all the investigation was done in his office.”
Holliman said that he is still considering his options and has lots of time to decide.