(La Porte County, IN) - A lawsuit against the former La Porte County Auditor has been thrown out.

 

Attorney Alan Sirinek was personally suing Tim Stabosz for more than $600 in unpaid legal services he provided for county government. Stabosz said he did not pay because Sirinek’s invoice lacked full details of his services and he wanted more information before writing a check.

 

Stabosz said he wrote is own motion to dismiss and filed it with the court at no cost to taxpayers because the La Porte County Commissioners denied his request for legal counsel on the matter.

 

"My motion to dismiss was based upon the lack of standing of Mr. Sirinek to sue me as a private person.  I argued that it was self-evidently only the Auditor of La Porte County who can choose to write a check, or not write a check, off the county's account.  I was pleased and heartened that, on January 14th, Special Judge Christopher A. Buckley ruled in my favor.”

 

Stabosz was also critical of the decision by the commissioners to pay his legal expenses, only if he was successful in defending himself against the lawsuit. He cited Buckley’s support on that matter outlined by the judge referring to the Indiana Tort Claims Act in his ruling.

 

"The ITCA provides substantial immunity for conduct within the scope of a public employee's employment, to ensure that public employees can exercise the independent judgement necessary to carry out their duties without threat of harassment by litigation or threats of litigation over decisions made within the scope of their employment," Buckley said.