Attorneys for the Duggar sisters, Jessa, Jill, Joy and Jinger say a motion to dismiss their federal lawsuit is little more than a backdoor attempt to retry an earlier ruling the remaining defendants lost.
The four women allege the release of police records by certain officials publicized their trauma in regards to charges filed against Josh Duggar and subjected the women and their families to extreme mental anguish and emotional distress.
The records released related to the police investigation that concluded their brother fondled the sisters and at least one other girl. Despite the finding about Josh, the statute of limitations had run out. That meant that no criminal charges were filed.
At the center of their complaint is the release of information to one particular magazine, In Touch. The Duggar sisters claim that Springdale and Washington County officials in Arkansas improperly released redacted police investigation documents. The magazine then published the information, which allowed the women to be identified, the suit says.
The remaining defendants in the lawsuit, Major Rick Hoyt of the Washington County sheriff’s office; Ernest Cate, the Springdale city attorney; and former Police Chief Kathy O’Kelley, filed a joint motion asking the judge for a ruling dismissing the case.
Duggar Sisters Reject Effort To Dismiss Their Lawsuit
At the heart of the motion to dismiss, is that an earlier filing by Josh was dismissed by the courts. The remaining defendants on the case say that’s enough reason to dismiss the case brought by Jill, Jessa, Joy and Jinger.
However, the four women are arguing that their claims are not the same as their brother’s.
Unsurprisingly, they are claiming that the situation is different because they are the actual victims. Josh had been arguing that it hurt he and his family to have those documents released. However, it appears the judge found that because he was the accused, he didn’t meet the legal muster to claim the damage was done.
The Duggar sisters are saying that they are not in the same boat as their brother at all.
Waiting For Verdict
The four women are also arguing that when the documents were released, one of them was a minor.
The identity of a minor in a sexual assault case is usually well protected by the legal system. In a way, the women are claiming that they were damaged more than once and in numerous different ways. That, they argue, should set them apart from the handling of Josh.
The motion and the arguments against dismissal will move forward, with a hearing set for December 9.
That’s only a few weeks after the siblings’ brother will begin his own trial, which starts on November 30.
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