Rep. Don Shooter during a House speech. Photo: Howard Fischer | Capitol Media Services
By Howard Fischer | Capitol Media Services
The U.S. Supreme Court has doused the last hope of former state Rep. Don Shooter to claim that his rights were violated when he was expelled in 2018 from the House of Representatives.
Without comment, the justices refused to set aside a ruling by the 9th Circuit Court of Appeals throwing out the lawsuit that the Yuma Republican had filed against former House Speaker J.D. Mesnard and Kirk Adams, a former top adviser for Gov. Doug Ducey.
But in doing so, the justices did not address the claims by Shooter that having him ousted for violating a policy against sexual harassment — one that did not exist at the time of the alleged incidents — was illegal. Instead, Monday’s action simply upholds the conclusion by the appellate court that Mesnard and Adams have qualified immunity for their actions.
“What can I say?” Shooter said when asked for comment.
But he did note that he has one last chance of getting his day in court on a related issue. That’s because the Arizona Supreme Court last year did agree to allow Shooter to pursue a separate defamation claim against Mesnard about his decision to prepare and issue a press release about the report that resulted in Shooter’s ouster.
The justices here concluded that, unlike everything else concerned with the investigation and vote to remove Shooter, that was more of a “political act,” meaning no immunity for Mesnard. A trial is expected later this year.
At the heart of the case are claims by Shooter that Mesnard and Adams, at the time working for Ducey, were seeking to thwart his efforts to investigate the use of “no-bid” contracts to make technology purposes. That’s where the state chooses a vendor who, according to Shooter, then is able to dictate contract price and service.
