SUN Staff Report
2/19/09
The state Appeals Court ruled in the SUN’s favor against former reporter Nancy Lewis, who filed four civil lawsuits against the newspaper in July 2007.
The consolidated lawsuits were dismissed in September 2008 by former state District Court judge Timothy Garcia. In its review of Lewis’ appeal, the Appeals Court found that Lewis failed to follow rules of appellate procedure or made legal arguments that were unsupported, unintelligible or simply wrong, court documents state.
“We have attempted to address Plaintiff’s arguments to the best of our ability,” Appeals Judge Roderick Kennedy wrote. “At this point, we are not persuaded that Plaintiff set forth recognized causes of action or that there was any merit to her claims.”
Lewis was fired from the SUN in May 2007, after three weeks on the job. She sued the SUN and News Editor Kevin Bersett for a variety of claims including reckless endangerment, forgery, breach of contract, unpaid overtime and plagiarism.
The Appeals Court deferred to Garcia’s judgment regarding the facts of the case. In explaining his dismissal, Garcia had called Lewis’ claims “totally frivolous” and said she was justifiably terminated.
Lewis and the SUN now have until March 4 to file memos either for or against the Appeals Court’s proposed judgment. In the meantime, Lewis is still wanted in Dekalb County, Ga., for failing to appear on charges of aggravated stalking and making terroristic threats.
The Dekalb County Sheriff’s Office has notified Rio Arriba County Magistrate Court that it will not extradite Lewis on the charges.
The Georgia charges stem from an alleged violation of a 12-month restraining order filed by Lewis’ son-in-law. The SUN and its employees, whom Lewis knows, have also been granted a permanent restraining order against her. The restraining order was filed by Bersett prior to Lewis filing any lawsuits against him or the SUN.