Flanagan contends that Woodruff hasn't provided any evidence that show Moore's actions caused emotional distress. Neely responded that Woodruff was sorely injured and was required to hire an attorney and had anxiety over whether or not he would go to prison.
Flanagan states that Woodruff failed to provide any factual allegations of outrageous conduct by Moore.
"Well ... if some group of guys go out and deliberately fabricate a felony case against a person, exposing that person to the very real possibility of a prison term of one to five years for the express purpose of allowing one of the conspirators to sleep with the person's wife, it appears to be Defendant Moore's position that this is not 'outrageous,'" Neely wrote.
The story goes, according to the lawsuit filed Oct. 1 by Robert Woodruff's attorneys Richard Neely and Michael Callaghan, that Thornsbury made romantic advances toward Kim Woodruff but that she didn't return his ardor. While a federal indictment filed in August claims the two had an intimate affair, the Woodruffs' attorneys claim there was no sexual relationship or affair going on between Kim Woodruff and Thornsbury.
According to the lawsuit, Thornsbury encouraged Moore to arrest Robert Woodruff without cause. The judge then put Jarrod Fletcher, former county director of homeland security and emergency management, at the head of a grand jury further criminal proceedings against Woodruff.
The former judge, who pleaded guilty earlier this month to conspiracy charges in relation to a scheme to protect the slain Sheriff Eugene Crum in an FBI investigation, also tried to get Mingo resident Jeff Cline to plant a box of illegal drugs on Woodruff's vehicle, a plan Cline initially agreed to but backed out on later.
When both of those attempts failed, the judge conspired with others to have Woodruff arrested, the lawsuit said. Woodruff was arrested by Gilbert officer Nathan Glanden after a fight with two other men, even though a police report and surveillance video showed the man was acting in self defense.
That charge was later dismissed by former prosecutor Michael Sparks for a lack of evidence.Sgt. Michael Baylous, State Police spokesman, said to his knowledge Moore remained on administrative leave as of Monday.