WINNEMUCCA — At the request of multiple readers, SPJ is providing an update on the lawsuit filed by a local woman against Humboldt County DA Russell Smith, Hospital Administrator Jim Parrish, and the Humboldt County School District.

While our readers have been anxious for news on the lawsuit, there just hasn’t been any for some time. The last document filed in the case was dated May 5, 2010.

Once a lawsuit hits the federal court matters will probably not proceed swiftly. It has been our experience the continental drift occurs at a rate faster than lawsuits move through the higher courts – with some exceptions, of course.

As a general rule, criminal cases in which the defendant is in custody, and therefore is deprived of his or her liberty, take precedence over civil cases. To that end, civil cases are sometimes put off while other matters are addressed.

 Robinson v Russell Smith, James Parrish, and the Humboldt County School District

The lawsuit against DA Russell Smith, HGH CEO Jim Parrish, and the Humboldt County School District was brought by local resident Michelle Robinson.

Robinson alleged her civil rights were violated by Smith who, she claims, conspired with other county officials to deprive her of employment. Smith, for his part, has denied all allegations of wrongdoing.

CASE HISTORY: Robinson was employed as Humboldt County’s Victim Advocate, a position within the Humboldt County DA’s Office, from August 2005 to March 2007.

Robinson alleges she lost her job after an email to a limited number of advocates was critical of Humboldt General Hospital’s handling of rape victims, who must travel the 140 miles to Reno in order for medical professionals to gather physical evidence from the victim.

Robinson alleges Parrish retaliated against her over the email and caused her to lose her job with the DA’s Office.

During her period of unemployment, Robinson opted to purse the education and training necessary to become a school counselor. Representatives of the Humboldt County School District agreed to allow her to complete the mandated training hours with the district and she was assigned to Lowry High School.

Robinson alleges before she could begin Smith contacted the district and expressed some concerns he had about Robinson working with children. Smith allegedly told district officials that Robinson provided alcohol to minors while she was in charge of Stand Tall/Don’t Fall, that she was a Wiccan, and decisions in her personal life made her an inappropriate choice to work with youth.

Robinson said the district officials reported what Smith said but did not allow her to defend herself. She was escorted off school grounds and her training experience came to an end before it could begin.

All three defendants have denied allegations of wrongdoing.

THE FEDERAL LAWSUIT: The federal lawsuit was filed in March 2009. In the suit Robinson claimed her First Amendment rights to free speech, to free association, and due process were violated. She is represented in court by Robert Dolan, of Dolan Law Offices.

Since that time the defendants have responded and depositions of witnesses have taken place.

In February 2010, the defendants filed motions asking for a summary judgment.

A summary judgment would be appropriate where the judge found there were no material and genuine issues of fact in dispute. The judge, then, would determine the outcome.

Robinson opposed the motion.

Dolan commented, “We do not believe that it is proper in this case because there are material issues of genuine fact in dispute.”

The parties are now waiting for an order on the motion for summary judgment, which may include an order for a hearing on the matter.

SPJ will update our readers on events in this case as they occur. It is, however, too early to expect a settlement to the suit.