Ex-Justice Diaz pursues case against former federal prosecutor
The Diazes filed counterclaims against Leslie Lamptons and Darlene Ballard, the commission’s lawyer. Oliver Diaz alleged he suffered “emotional distress, invasion of privacy and breach of confidentiality.”
He also sued the former U.S. attorney, accusing him of “malicious prosecution,” after the former prosecutor removed the litigation from state court to federal court,
The Diazes alleged Ballard and Dunn Lampton violated federal law, which requires the confidentiality of tax records with some exceptions. Ballard and Dunn Lampton responded that the statute didn’t apply, and Jordan concluded the two were immune from such claims.
Jordan dismissed Ballard from the lawsuit but found Leslie Lampton’s act in filing the litigation falls outside his role as a commissioner. “The express language of the statute will not support his claim of immunity,” Jordan wrote.
Kevin Watson, the attorney for Leslie Lampton, would not comment Monday. Dunn Lampton’s attorney, Dennis Horn, did not return a call seeking comment.
Jennifer Diaz did plead guilty to tax evasion, but it was borne out of necessity, said her attorney, Chuck McRae. “They had two small kids, and they were both facing federal felony charges.”
What the couple didn’t want was both of them being taken away from their children, McRae said.
Clarion Ledger
5/14/10
Magnolia Tribune
