Judge Unconditionally Dismisses Mr. Gaffney's Lawsuit

Court Orders Gaffney to Be in Contmept and to  Withdraw His Lawsuit Unconditionally.

 On October 27, 2016 Judge Tucker dismissed Mr. Gaffney's lawsuit against

Co-defendants Davis and Tirella. The Judge ordered Mr. Gaffney to withdraw his lawsuit without any conditions or stipulations against Ms. Tirella.

He ruled also that Mr. Gaffney was not in compliance with a nisi order. This means he was in contempt of court. Judge Tucker ruled that the sanction for contempt would be the dismissal of Mr. Gaffney suit against Defendant Davis,

 Mr. Gaffney first tried to stipulate that the article written by Defendant Davis was false and defamatory. The Judge would not allow that stipulation. The issue of defamation is now legally moot.  The Dismissal was with prejudice which means that Mr. Gaffney cannot refile his Complaint.

 The Judge’s Order does not affect the Co-defendants’ ability to file a lawsuit for defamation against Mr. Gaffney. In an October 5, 2016 Worcester Telegram article, Mr. Gaffney is quoted as saying the purpose of his lawsuit was to harm the reputations of the Co-defendants by having people doubt their “veracity”. This is the very definition of defamation.  Defendant Davis is reviewing his options for a lawsuit against Mr. Gaffney.

Defendant Davis is also reviewing the SLAP statutes which were written to prevent powerful interests from intimidating and harassing people who participate in a public discussion or lawful proceedings. An example of SLAP would be GE suing a citizen group that has complained about GE polluting Massachusetts waterway. 

 A case can be made that Mr. Gaffney filed his lawsuit to intimidate, harass, and tie up the resources of people who complained about his racist behavior of closing a community center in a largely Black and Latino neighborhood.

 There is some speculation that Mr. Gaffney wanted to withdraw his lawsuit as a means of avoiding Discovery of his finances, his offensive and racist electronic posts, and his relationship to the racist blogger Turtleboy. 

 Mr. Gaffney failed to provide information as ordered by Court. He faced Sanctions.  His racist friend Turtleboy was scheduled to be deposed on November 2, 2016.  Mr. Gaffney and Turtleboy have a lot to hide. Mr. Gaffney quitting his case was probably his only way out of having his dirty underwear exposed to the public.

On November 30, 2016 Turtleboy was again sued in Worcester Court for defamation by Lauren Larson. Turtleboy settled out of Court on December 6, 2016.

 I suppose the lesson to be learned is an old one.  People united can stand up to and defeat the racists bullies like Trump, Gaffney, and Turtleboy. This battle against Fascism has many fronts, but it will likely be won in the streets.