“McKenney ordered him from his car, attempted to pull a cell phone from his hands because Cox was video recording the interaction, obstructed the collection of evidence and violated Cox’s First and Fourth Amendment Rights.”
(SEE TWO UPDATES REGARDING CASE AT BOTTOM OF ARTICLE)
On June 20th, Virginia Cop Block published the news about Virginia State Trooper Melanie McKenney filing yet another Civil Lawsuit against Virginia Cop Block Founder Nathan Cox; going from a $5K lawsuit to now a $1.35 Million dollar lawsuit.
Cox’s Attorney’s over at Thomas Robert’s and Associates located in Richmond have come out of the gates swinging filing two pleadings along with their own exhibits in hopes of getting this frivolous lawsuit dismissed, this time for good.
The first pleading covers the Statute of Limitations.
Taken from the introduction:
“(1) This Suit is nothing more than a bad-faith, baseless attempt by State Trooper McKenney to hide behind her private persona and silence Nathan Cox – to retaliate against him for his First Amendment protected political activity – by issuing him a million dollar ticket.”
(2) State Trooper McKenney filed suit in small claims court on March 12, 2014. That suit was dismissed, appealed and then non-suited. By the time State Trooper McKenney filed her March 13, 2014 suit, the statute of limitations for any statement complained of had long since run. Complaint 4-9. The Complaint, State Trooper McKenney expressly claims that ‘[t]his case was previously non-suited and is being refiled within six months of the prior non-suit.’
You can read the rest of those pleadings here: Hanover Circuit Filing -1st Special Plea in Bar – Statute of Limitations
As for the second pleadings which had video exhibits, which were that of Cox’s cell phone video and the DashCam video that he acquired by way of a FOIA Request (which the videos can be found on VA Cop Block’s YouTube channel); this pleading goes after the “Truth of all actionable statements.”
The opening Introduction of that pleading states:
“I asked him to get out of the car and he puts a camera in my face”
“I don’t want myself on any type of YouTube or whatever.”
(Quotes pulled from Dashboard Camera Audio)
“(1) In this case, State Trooper M.H McKenney sues Nathan Cox for defamation after Cox shared accounts of a traffic stop in which McKenney ordered him from his car, attempted to pull a cell phone from his hands because Cox was video recording the interaction, obstructed the collection of evidence and violated Cox’s First and Fourth Amendment Rights.
(2) To Prevail, McKenney must show the statements Cox made are both actionable and false. Many of the alleged defamatory statements are not actionable as a matter of law. As for the rest, the video and other documents related to the incident show that these statements are true or substantially true. While McKenney may be personally offended by some of the statements or the mode of their expression, they are not actionable. Indeed, they constitute protected speech under the First Amendment. Therefore this case should be promptly dismissed. Alternatively, any purported statements the Court determines not to be actionable or which are true should be stricken before the case proceeds further.”
Read the rest of these pleadings here:
Hanover Circuit Filing – 2nd Special Plea in Bar – Truth of All Actionable Statements
Cox’s attorney’s will be releasing a video that will be an exhibit in this case and when that video is released, this article will be updated with the embedded video.
Continue to follow this case by following Virginia Cop Block on Facebook, Twitter and the website.
Nathan Cox is seeking donations for his Legal Defense Fund to help pay the cost of his attorneys. Consider making a donation and helping Cox protect hist First Amendment rights and perhaps, although it’s not clear, this case could help set a precedent in protecting YOUR first amendment rights in the process. Click on the image below to make a donation. Cox has stated he’ll be sending personalized hand-written thank you cards, to everyone who donates.
Also, to view the Trooper’s 11 page complaint you can find that here: $1.35M Civil Lawsuit / 11 Page Complaint.
UPDATE: November 7, 2015
Yesterday, November 6, Nathan Cox was back in court dealing with this RIDICULOUS 1.35 Million Dollar lawsuit, brought on by a Virginia State Trooper named Melanie McKenney. If you have had a bad experience with Trooper Melanie McKenney, please private message the facebook page or submit an entry on the website and let us know! The following is what Nathan published regarding the half day in court:
“Today was a great day in court!
My team of attorneys did an excellent job!
The court will be issuing letter opinions on the pleas filed by my lawyers that should get rid of most if not all of this ridiculous case.
The court denied the motion of the plaintiff attempting to deny access to the files of the state police related to Trooper Melanie McKenney. The documents produced will be subject to a protective order to be used only in the defense of the case.
My attorneys have been working hard on the case and need to get compensated. Please consider supplementing what I’m able to pay them. The work that they are doing is vital to protect free speech and the First Amendment, not just for me but for others who choose to criticize the government. You can help protect our 1st Amendment rights by contributing to the legal defense fund here:
I appreciate the continued support in this matter–it really means a lot. I’m very grateful to those folks who’ve sent me encouraging messages, who’ve chipped in here and there financially and who appreciate the work I’ve done for the cause of freedom. Thank you!
I’ll write an update on VirginiaCopBlock.org after the judge issues his opinion”
Update: December 11, 2015
Followers & Supporters !!!! We have FANTASTIC news regarding the $1.35 Million lawsuit against Virginia Cop Block Founder, Nathan Cox that was meant to silence him. The following is a statement from him:
“My attorneys really hit a home run in court at the end of last month! The court has issued its (3 page) order which stemmed from my attorneys making a few arguments why it should all be thrown out.
The court found that the Appeal by Virginia State Trooper McKenney was improper, the non-suit was a nullity, and therefore ALL statements/ claims with the exception of just ONE HAVE BEEN THROWN OUT!!
The last existing claim is something I said back on March 28th, 2015 when I was invited to speak to some University of Richmond Law Students.
This statement is: “she pretty much assaulted me.” Which my attorneys should be able to dispose of this claim at a summary judgment. If not before.
I want to give a HUGE thank you to my attorneys over at Thomas Roberts & Associates whom I HIGHLY recommend for especially Constitutional matters and police matters respectively.
I also want to give a BIG THANK YOU to everyone who’s supported me in various ways whether through encouragement, prayers, donations to my legal fund, etc. Your support truly means the world to me.
More updates on the way as they come out and finally get this behind me!”