Musings: Tim vs Shay = Over

A federal judge has ended a politically-fueled legal battle between Kauai Councilman Tim Bynum and former county prosecutor Shaylene Iseri-Carvalho.

In a withering order that rejected all of Shay's attempts to keep the case alive, U.S. District Judge J. Michael Seabright wrote:

[P]roceeding in this action, where Plaintiff [Bynum] has been compensated and seeks dismissal with prejudice, would serve no purpose other than to feed the fire of Plaintiff’s and Carvalho’s public feud. Needless to say, such purpose does not justify the expenditure of the parties’ or the court’s resources. 

The court will not be drawn into this continuing political feud.

In his September 2012 lawsuit, Tim claimed that Shay and planning inspector Sheila Miyake violated his civil rights by pursuing him on a zoning violation to squelch his free speech on the Council and harm his re-election bid.  

He walked away from the bruising battle with money and some court-sanctioned vindication, if not victory.

As I previously reported, Tim reached a settlement with the county, Sheila and Shay in her professional capacity. But Shay resisted his move to dismiss the case against her personally, saying she wanted a trial to dispel the "cloud of suspicion and doubt" that marred her image.

Judge Seabright, however, found that Shay had “utterly failed” to establish legal grounds for her request. He went on to write:

Proceeding with this action would provide Carvalho no assurances that she would prevail in this action, much less regain standing in the public eye.

Shay also wanted the court to declare the case frivolous, so she could recoup legal fees. But the judge again rejected her request, citing five examples of evidence presented to bolster Tim's case (emphasis added):

Plaintiff claimed that Carvalho violated his civil rights by, among other things, improperly investigating him for zoning violations, bringing a criminal action against him that was not supported by probable cause, and seeking his recusal from Council matters involving her office by publicizing Plaintiff’s alleged bias.

Whether or not this evidence establishes Plaintiff’s claims (an issue the court need not decide), it shows that Plaintiff had at least some factual basis for his claims, and that they do not appear to be frivolous, unreasonable, or groundless.

The court therefore finds that Carvalho would not be entitled to her attorneys’ fees even if she prevailed at trial.

It's unclear how much Shay's personal attorney, Richard Wilson, has racked up in fees, though he previously told the court it was “substantial.”

The case reportedly cost the county $500,000 in legal fees, with its insurance company paying Tim's settlement. Tim claimed he suffered financial damages because the zoning prosecution scuttled the pending sale of his house.

Sheila, meanwhile, continues to earn a comfortable salary and build her retirement fund in the county planning job that was handed to her by former Mayor Maryanne Kusaka. Shay is rumored to be considering a Council run.

And Kauai taxpayers will once again pick up the tab for political shenanigans, blood feuds and outright dirty tricks.