ST. LOUIS – Summary judgment in a legal malpractice lawsuit against W. Rance Butler was granted by District Judge John A. Ross on April 17 on an unopposed motion.
Plaintiffs Michael Theisen and Matthew Theisen sued Butler over claims he misrepresented them following their 2011 arrest for alleged felony criminal damage to property. Placed in custody of the Stoddard County Jail, the ruling states, the plaintiffs allegedly were physically and sexually assaulted by inmates and an employee, and Matthew Theisen responded with an attack on the employee to prevent the alleged assault.
Butler was retained to defend the complainants, who were subsequently facing felony assault, restraint and attempted escape in charges. The defendant was alleged to have “filed a motion for mental examination in their cases, without consulting them or their family,” resulting in his ex-clients’ committal to the Fulton State Hospital, where they still remain.
The Theisens severed their attorney-client relationship with Butler.
Butler moved for summary judgment in December 2018. Ross agreed with Butler’s argument that the summary judgment should be granted “on the grounds that the plaintiffs have failed to present sufficient facts or evidence to establish a cause of action and because there is no genuine issue as to any material facts,” the ruling states.
According to the order, the plaintiffs failed to respond.
“Butler argues that summary judgment is appropriate in this case because the plaintiffs have failed to produce an expert opinion on negligence or causation,” Ross stated in the order.
The order also said that Butler’s motion was successfully supported by findings made by legal expert Larry H. Ferrell. Ferrell concluded that “Butler’s actions did not fall below such standard, and that under the circumstances, was a ‘sound exercise of professional trial strategy,’” the ruling states.