A federal magistrate is deciding whether a former Minnesota Senate staffer's lawsuit should be dismissed because his legal team disclosed documents that were meant to remain confidential.
Attorneys for former Republican staffer Michael Brodkorb told U.S. Chief Magistrate Judge Arthur Boylan today that the sealed document, which lists alleged sexual affairs at the State Capitol, was posted briefly on a court web site in error. Brodkorb lost his Senate job in 2011 after the revelation of his affair with then Republican Majority Leader Amy Koch. He trying to prove through his lawsuit that his firing was unfair compared to others in similar circumstances.
As for the document posting, lawyer Ed Kautzer said there was no willful conduct that warrants court sanctions.
"None of these actions rose to anything more than a mere mistake," Kautzer said.
But Senate lawyers claim the release was intentional, and they want the lawsuit dismissed. Attorney Dayle Nolan said the posting of unfounded allegations harmed the Senate's defense as well as the people named in the document. Nolan also wants the court to order Brodkorb to pay the Senate's legal bills.
"It would be an injustice for Minnesota taxpayers to pay for this fiasco," Nolan said.
If the magistrate decides against dismissing the case, Nolan has asked that he forbid Brodkorb from using the leaked evidence at trial.
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