St. Joseph Wants Lawsuit Thrown Out, or Brought to Federal Jury

The City of St. Joseph wants a federal judge to dismiss claims brought by a former library board member in a lawsuit, or get a federal jury involved.

Brian Kirk filed his suit against the city government in February: naming Mayor John Josendale, every city councilman, and others as defendants.

The suit’s first destination was a Missouri court, but it was transferred to Western Missouri’s US District Court and long-tenured Judge Gary A. Fenner.

In his lawsuit, Kirk alleges that he was denied vice-presidency of the library board because he is gay. His suit claims that he wasn’t appointed to a second three-year term for the same reason.

The defense countered by denying each of Kirk’s claims, stating that any damages would be minimal anyway since he served the board in an unpaid role.

The city’s defense counsel also said that Kirk wouldn’t be entitled to damages, arguing that he isn’t a member of a protected class, and can’t be as a result of his sexual identity.

The court was asked to dismiss Kirk’s suit with prejudice, meaning he would not be able to file again with similar claims.

If his case is dismissed, he’ll likely be on the hook for the defense’s bill.