Federal Judge Rules In Victory Lawsuit

A federal judge has ruled against former Victory Town Clerk and Treasurer Ruth Neborsky in her lawsuit against the town and several public officials.

Neborsky sued in July of 2017, claiming her constitutional rights were violated by several defamatory and untrue statements allegedly made by the defendants over several years.

On May 1, U.S District Court Judge Geoffrey W. Crawford granted three motions for summery judgment filed by the defendants in the case who had argued there was “no genuine issue” to be decided by the long running lawsuit.

“The court grants all three motions for summery judgment,” wrote Judge Crawford in his ruling. “Defendants shall file any claim for costs within ten days from the date of this decision. Plaintiff has ten days to object. This court will enter final judgment after awarding costs as appropriate.”

Neborsky will have 30 days from the final judgment to appeal the decision.

Neborsky’s attorney, Deborah Bucknam of St. Johnsbury, said she will appeal.

“Yes, absolutely,” said Bucknam.

The lawsuit also alleged the town of Victory violated the Vermont Public Records Law by failing to turn over financial records that were considered public documents in at least two cases.

The remaining defendants in the lawsuit are the Town of Victory; former chairwoman of the select board and assistant town clerk, Ferne Loomis; town clerk and treasurer, Carol Easter; Bonnie Batchelder and Batchelder Associates — a Barre-based accounting firm.

The defendants, excluding the town, were sued both in their official and personal capacities, the lawsuit said.