Former Scott City mayor files defamation lawsuit against state rep, two others

Former Scott City mayor Ron Cummins has filed a lawsuit against a state lawmaker and two others, accusing them of making defamatory statements.

The suit, filed late last week in Scott County Circuit Court, accuses state Rep. Holly Rehder, former mayor Tim Porch and Scott City resident Cindi Davidson Brashear of publishing "defamatory statements against the plaintiff alleging malfeasance of office, corruption, theft in the form of misuse of public funds and other defamatory statements too numerous to list in this petition."

Cummins seeks punitive damages in the suit.

Rehder, a Scott County Republican, called it a "frivolous lawsuit."

She said the Missouri Attorney General's Office will defend her in this case because it involves her role as a lawmaker.

Holly Rehder

"Taxpayers are now going to pay for my defense," she said.

The lawsuit contends Rehder and Brashear made libelous and slanderous statements about Cummins, and Porch "uttered slanderous statements."

Cummins resigned in August amid a call by Rehder for an investigation into allegations he abused his position as mayor.

Cummins' attorney, Patrick Davis, wrote in the lawsuit "the defamatory communications made by the defendants were each done intentionally and were false."

According to the two-count suit, the allegations of "corruption and misuse of public funds for self gain" were slanderous.

Cindi Davidson Brashear

"The slander and/or libel exposed plaintiff to public ridicule and contempt," the suit stated.

Cummins also said in the suit he and his businesses "have been damaged due to the false, defamatory statements."

The suit charges the defendants' statements were "reckless, willful, wanton and were made with gross indifference to the truth and to the reputation of the plaintiff."

The suit contends "these malicious acts give rise to punitive damages to punish the defendants and each of them for their acts and to deter others from similar behavior."

But Rehder called it "shameful" Cummins' attorney would proceed with the case.

Tim Porch

Kansas City attorney Jean Maneke, who addresses legal questions for the Missouri Press Association, told the Southeast Missourian it is difficult for public officials to win defamation lawsuits.

In an email Monday, Maneke wrote public officials must prove "actual malice" or "reckless disregard" to the truth or falsity of a statement to win such cases.

"Courts consider that a high standard to meet," she wrote.

The suit follows actions by Rehder earlier this year amid turmoil in Scott City government.

Rehder sent a letter to Scott County Sheriff Wes Drury on Aug. 8 requesting the sheriff's department or the Missouri State Highway Patrol conduct an investigation.

Rehder made the request a day after the Scott City police chief resigned. He later was rehired by the city council after Cummins stepped down.

Rehder told the Southeast Missourian in August she had received emails and phone calls from current and former city employees, and Scott City business owners expressing concerns about Cummins' actions as mayor.

In the letter, Rehder said constituents told her:

• Several city employees had been fired, and at least two "have filed or are filing lawsuits against the city"
• The police chief resigned; "however, others present say he was told to resign or be fired"
• Local ordinances reportedly "have been ignored with the intention to make changes to the ordinances to fit the actions"
• Raises for police officers were disregarded
• Voiding tickets has been reported, with officers being threatened they would "lose their jobs if they speak up"
• City projects were not being handled through the appropriate bidding process as required by statute.

Rehder said she requested an investigation because of the "seriousness of these accusations."

Brashear, a Scott City resident, started a group called "We Want Our Town Back" and organized a petition drive to recall Cummins.

In an interview with the Southeast Missourian in August, Brashear called Cummins "a bully" who had forced several employees to resign, including former city administrator Ron Eskew.

Rehder said Monday that Brashear legally had every right to launch a recall effort.

Cummins was elected mayor in April 2016, defeating Porch, a longtime incumbent.

Porch declined to discuss the lawsuit Monday, saying he had not discussed the matter with his attorney.

Earlier this month, Cummins filed as a candidate for mayor. He is running against council-appointed Mayor Norman Brant in the April election to fill the remainder of the unexpired term.

Calls from the Southeast Missourian to Cummins and Brashear were not returned by late afternoon Monday.

mbliss@semissourian.com

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