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As promised, attorney John G. Dean has mailed a letter to citizen Brian Shiner informing him Luzerne County will seek payment of legal costs and expenses if Shiner does not withdraw a writ of mandamus he filed against council Chairman Tim McGinley.
Dean has said such letters are issued in cases considered frivolous to clearly alert filers of potential ramifications.
Saying he is “not backing down,” Shiner released a copy of the letter Monday from Dean, of Elliott Greenleaf & Dean.
Shiner had filed the writ of mandamus — without legal representation, also known as “pro se” — asking the court to command McGinley to follow the county’s home rule charter, ordinances and resolutions. He maintains McGinley interfered or tried to interfere in day-to-day executive branch operations and overstepped his council chair authority.
A writ of mandamus is a court order compelling someone to carry out a required duty.
McGinley has said the assertions are “baseless” and that he believes the filing was an attempt to garner negative headlines about him leading up to the Nov. 5 general election. Dean, his county-designated outside attorney, has described the filing as “frivolous” and “meritless.”
The letter from Dean opens by stating the communication “shall serve as a demand” to withdraw all claims Shiner made against McGinley and dismiss the court action.
According to the letter, state civil procedure rules say pro se filers, through their signature, certify that a pleading is not being presented for an improper purpose, that the claims are warranted by existing law and that the factual allegations made in a pleading have evidentiary support.
The writ filed by Shiner “suffers from a host of defects,” including ones described in McGinley’s recently filed preliminary objections, it said.
”Therefore, the continued pursuit of this matter against respondent is baseless, and all claims made by you must be withdrawn,” the letter says, adding that McGinley plans to “seek all available remedies” if Shiner continues advancing his “baseless claims and contentions.”
The letter closes by noting nothing in the letter waives McGinley’s claims under the Dragonetti Act.
State legislators passed the Dragonetti law in 1980 to allow defendants of civil actions to sue plaintiffs for “wrongful use of civil proceedings.”
Shiner said he is drafting a court reply to McGinley’s recent objections, reiterating that he is disappointed no attorney has responded to his call for legal assistance. He criticized the tone of the new letter.
“This is the way they bully people in Luzerne County for standing up for what they perceive is right,” Shiner said.
McGinley’s preliminary objections said Shiner did not properly serve him with notice of the writ and lacks standing to file such a writ. The response also asserts none of the alleged actions cited by Shiner show any actual interference. Shiner’s claims involved a county contract negotiating session with the county Flood Protection Authority, the selection process for voting machines and McGinley’s request for solicitor opinions on council matters.