Updated 8:25 p.m.
Lawyers representing a District of Columbia police officer want a federal judge to throw out a suit that alleges the officer abused the judicial process in pursuing domestic stalking charges against her former boyfriend, a solo practitioner in Virginia.
The officer, Carolyn Mische-Hoeges, who was sued in Washington's federal district court in November, called her former boyfriend, Matthew LeFande, a “predator” in court papers filed last month.
LeFande's suit alleges malicious prosecution, false imprisonment and defamation. LeFande, a civil rights specialist who is representing himself in the civil suit, said in court papers he dated Mische-Hoeges between August 2009 and April 2010.
Federal prosecutors abandoned an attempted stalking case against LeFande in September in D.C. Superior Court. Mische-Hoege’s lawyers at Alexandria, Va.’s DiMuro Ginsberg said in a motion to dismiss, filed Nov. 23, that the prosecution was dismissed without prejudice and that no ruling on the merits was ever reached.
LeFande, according to Mische-Hoege’s motion to dismiss the suit, sent threatening e-mails and “disseminated a pornographic video of Mische-Hoeges.” Click here for a copy of the court papers Mische-Hoeges’ lawyers filed and here for a copy of LeFande’s complaint.
The officer’s attorneys, including Stephen Neal Jr., maintain Mische-Hoeges acted in her individual capacity in pursuing a criminal case and temporary restraining order against LeFande.
“[T]he actions of which LeFande complains are those of Mische-Hoeges acting for personal reasons and pursuing private aims to protect herself from a predator,” Neal said in court papers.
Neal said the criminal and civil proceedings against LeFande were initiated with sufficient cause that he was a danger to Mische-Hoeges.
Yesterday, LeFande maintained Mische-Hoeges abused her position of authority in securing criminal charges against him, saying that "no ordinary citizen" could walk into a police station and get a warrant based on language used in a text message.
LeFande on Wednesday evening filed a 30-page response to Mische-Hoeges' motion to dismiss.
"Mische-Hoeges’ allegations that LeFande was dangerous had no basis in fact," LeFande said in the court papers filed Wednesday. "LeFande has never been accused of assaulting any person. Other than the present unfounded, pejorative and conclusory allegations contained within the Motion to Dismiss, LeFande has never been accused of threatening anyone."
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