Friday, September 03, 1999
Leis withdraws suit that fueled controversy
BY DAN HORN
The Cincinnati Enquirer
After a week of sparring with prosecutors over its legality, Sheriff Simon L. Leis withdrew his lawsuit Thursday against the Democratic National Committee.
But the sheriff said the move doesn't mean he was wrong.
He said he dropped the suit only because Prosecutor Mike Allen's opposition to it had detracted from the most important issue.
“I want the issue to be concise: Are we entitled to money from the DNC?” Sheriff Leis said. “With all (Mr. Allen) has done, he's clouded the main issue.”
The sheriff filed the lawsuit last week in an effort to recover about $8,000 in security expenses from President Clinton's recent fund-raising visit to Cincinnati.
Although Mr. Allen said he sympathized with the desire to recover money from a “presidential frolic,” the prosecutor concluded there was no legal precedent for law enforcement to seek reimbursement.
But before he could tell Sheriff Leis, the sheriff filed his own suit.
Mr. Allen said the sheriff broke a state law when he filed the suit because sheriffs are not permitted to practice law.
The prosecutor, who filed a motion to dismiss the sheriff's suit this week, said he was glad Mr. Leis voluntarily withdrew it.
“It's the right thing to do,” he said. “I think what he's saying is, he's recognizing he's made a mistake.”
The sheriff, however, disagreed. He said he will ask the prosecutor to re-file the suit on his behalf.
He also said his decision to drop the suit is not an admission that he was wrong when he filed at least 41 other civil lawsuits.
Those suits, which seek to recover training fees from former employees, also are regarded as improper by the prosecutor. Mr. Allen said he will seek their dismissal as well.
Mr. Leis said he would oppose such a move, noting that his office has recovered nearly $9,000 “on behalf of taxpayers.”
“It would be unconscionable that any prosecutor would choose to dismiss suits heard and settled by competent Hamilton County judges,” the sheriff said.
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