Lawyer's suit seeks declaratory judgment that he shoved state treasurer in self-defense
An Arkansas lawyer has sued the state treasurer on his own behalf, seeking a declaratory judgment that he acted in self-defense when he shoved the official at a deposition in February for an earlier federal lawsuit.
In his Monday suit, which was filed in Pulaski County Circuit Court, attorney Luther Sutter admits that he said a curse word as he entered the deposition room while talking on his cellphone. However, he says he apologized to the wife of state treasurer Dennis Milligan, who was present at the time, the Associated Press and KATV report.
A shoving match between the two men nonetheless ensued, as Milligan protested the attorney’s use of language in front of his wife, and Milligan said he sustained an arm injury in the incident. He filed complaints with Little Rock police and the Pulaski County prosecutor seeking to have the attorney criminally charged with battery and Sutter later made a similar complaint against Milligan to the prosecutor’s office.
The February deposition was for a defamation case filed by a client of Sutter against the treasurer and his chief of staff. The treasurer’s office formerly employed Sutter’s client.
In a statement provided Monday to KATV, Sutter contended that Milligan is furthering his own personal interests with taxpayer funds. “Today, this stops,” he wrote. “Today, I have given Mr. Milligan a forum to settle his dispute with me. I have filed suit seeking no money, but [a] declaratory judgment seeking justice. Justice for everyone he has berated, cussed, and threatened.”
A lawyer for Milligan called the new suit a political “smear” in a responding statement, KATV reports.
“It is unfortunate Mr. Sutter chose this path,” wrote attorney Byron Freeland, “because this was a dead issue and all parties have agreed to move on.”
