Victory: Case Dismissed Against Conservative School Board Members

In a high profile case we have described as “liberal lawfare” against conservative Spotsylvania School Board members Lisa Phelps and April Gillespie, the plaintiff Nicole Cole has decided to voluntarily dismiss her lawsuit against them. The case was dismissed “with prejudice,” meaning that the plaintiff cannot seek to file the claims again.

This is an unequivocal victory in pushing back against the misuse of the courts as a weapon in a political battle. The Founding Freedoms Law Center was honored to defend them and win.

The voluntary dismissal, or “nonsuit” in Virginia, comes after a Spotsylvania Circuit Court judge granted all five of the Founding Freedoms Law Center’s (FFLC) demurrers (i.e. motions to dismiss all five legal claims, including defamation, malicious prosecution, and intentional inflection of emotional distress). Cole, a fellow Spotsylvania County School Board member, who was recently elected to the Virginia House of Delegates in November, was given 14 days to amend and refile her lawsuit, which she did on day 14. After FFLC attorneys filed additional demurrer motions, and Cole failed to serve discovery responses, Cole eventually decided to drop her suit altogether.

You can follow the details of the case from our previous Case News Alerts:

-          FFLC Defends Conservative School Board Members Against Liberal “Lawfare”

-          Victory: FFLC Defeats Leftist ‘Lawfare’ – Lawsuit Against Spotsylvania School Board Members Thwarted

-          Liberal Lawfare Continues: School Board Member Refiles Complaint Against Conservative Colleagues

It’s clear this lawsuit never should have happened, but hopefully this result will send a strong message to others across our Commonwealth that using lawsuits to intimidate and attack innocent conservatives will not go unchallenged.

FFLC was honored to represent and to help vindicate Lisa Phelps and April Gillespie, who are examples of the types of citizens we should all want running for local elected office to fight for common-sense values that prioritize parental rights and reject woke ideologies.

We thank God for giving this victory, and we thank you for your continued support as we stand up for those brave enough to stand for the truth.