Former Arizona State Representative Don Shooter lost another round in his five-year legal battle stemming from his expulsion from the House on sexual harassment charges. The Court of Appeals today affirmed the dismissal of the remaining counts in his defamation and conspiracy case against former House Speaker (now Senator) J.D. Mesnard, former Ducey Chief of Staff Kirk Adams and the State.

Shooter’s efforts have brought him to the Superior Court (at least three times), the Court of Appeals (twice), the Arizona Supreme Court, U.S. District Court, Ninth Circuit and the U.S. Supreme Court (once each). He has lost ground every step of the way.

(Shooter even once tried to butt in and make his own statement to the Arizona Supreme Court.)

Today’s unanimous decision finds that his attorneys messed up because his Opening Brief did not challenge the Superior Court’s finding that part of the case was barred because he did not raise it in time (statute of limitations). Therefore, the count against Mesnard remains dismissed. Without that, the count against the State (because of Mesnard’s elected status) must remain dismissed. The Court also found that Shooter cannot bring a “stigma-plus cause of action” because the House has the constitutional right to expel and the court cannot review that.

Shooter may ask the Arizona Supreme Court to consider his appeal, but it would like just be part of a long fade.

“AZ Law” includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona’s Politics on the internet. 

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