Counsel for the defendants of Steven Neiheisel, Troy Morris, Aubrey Kall, Eric Laksonen and Pearl Gaidelis have filed a motion to dismiss the charges in the North Wind federal court case. Robert T. Zielinski filed the request on Tuesday, June 16.
“The complaint fails to set forth any facts which provide a plausible basis on which the court could find state action. Because state action is an essential element of any claim under Section 1983, the complaint in its entirety should be dismissed,” Zielinski wrote.
Motions like this are a fairly common tactic, but the brief in support said that due to lack of state actions the case should be dismissed. State action has been a big factor involved with the case so far, namely if the North Wind Board of Directors constitutes as a state board and whether or not the actions of the students were in the name of the university. The full brief and motion can be read HERE.
The defense also refiled the testimony of Laksonen as his signature was missing from the document. There was no difference between the original and resubmitted affidavit besides the signature.
Oral arguments will be held on Monday, June 29 at 10 a.m. in Marquette Federal Court, which shares a building with the post office.