Former Butler County Commissioner Jim Eckstein's lawsuit against the county to recoup legal expenses from a defamation case may hinge on the absence of a judgment in that prior case.

County solicitor Mike English argued in county court Thursday before visiting Judge John C. Reed that the case be dismissed.

English said the lack of a decision on whether Eckstein was liable for defamation means the county is not obligated to pay his legal costs.

“There is no clear legal right to relief,” he said.

English said without a judgment, there is no determination Eckstein was acting in his role as a commissioner when he stated comments that precipitated lawsuits filed against him by former county Commissioner Dale Pinkerton and county human resources director Lori Altman with her husband, state police Trooper Scott Altman.

“There was no determination Mr. Eckstein was acting in his scope of employment,” English said.

Eckstein, who lost his bid for re-election in 2015, is seeking reimbursement of $144,788 he incurred since the two lawsuits were filed in 2012. The current commissioners — Leslie Osche, Kim Geyer and Kevin Boozel — also are named defendants.

Attorney Larry Rodgers, who is representing Eckstein, said his client is due the money because there was no finding of defamation.

“At no time, did Mr. Eckstein ever have any judgment against him,” Rodgers said.

He said the onus is on the county to show Eckstein was acting as a private citizen and not a government official.

“The burden is on them to prove it was not in his scope of duties,” Rodgers said.

Pinkerton and the Altmans alleged Eckstein spread a rumor Altman received an extra 20 percent pay hike in 2011 in exchange for Pinkerton not being charged for a drunken driving pullover.

Investigations conducted by the state attorney general's office and state police found no evidence of wrongdoing by Pinkerton or Scott Altman, who retired last year.

Rodgers said Eckstein simply told people there was a state attorney general's investigation into the rumor.

“It was an untrue rumor to begin with,” Rodgers said.

He questioned the motivation of the lawsuits against Eckstein.

“The political overtones are plain as the nose on your face,” Rodgers said.

Those lawsuits were tried simultaneously. After two weeks of testimony and argument, a mistrial was declared in April 2016.

Before the case was retried in September 2016, Eckstein accepted offers to discontinue the lawsuits if he paid each set of plaintiffs $3,000.

Rodgers said mounting a defense for four years, including a two-week trial, was costly for Eckstein, who is a self-employed contractor.

“Jim Eckstein, he is a regular working stiff,” he said. “He's a poster child for why the immunity statute was written.”

English pointed to court precedent showing the lack of a judgment in cases filed against government employees did not result in the employer being liable for that person's legal costs.

“That is not enough to satisfy the requirement,” he said.

Rodgers disagreed, saying there is a different threshold for government employees and “high public officials,” which Eckstein was.

He said state law was enacted to protect such officials, so they would not be hindered in their jobs.

“If you can get sued for saying something, you're not going to say anything,” Rodgers said.

English said Rodgers was mixing immunity with indemnification.

According to English, the statute protects the employer.

“This section is a shield, not a sword,” he said.

English pointed out Rodgers' filing does not specifically state Eckstein was acting within his role as a commissioner, only that Eckstein testified he was.

According to English, another problem is the incorrect filing was made against the county. He said Rodger's request for a mandamus action — an order from a court directing government official(s) to properly fulfill their official duties — is erroneous.

English said he was in the awkward position of arguing the county is not immune from lawsuits, which Rodgers denied in his filing, so a mandamus request is invalid.

Rodgers stressed the county refused to settle this case.

“I think that Mr. Eckstein has been more than reasonable,” Rodgers said.

Reed, who is presiding over the case due to the recusal of all six county judges, said a decision on English's preliminary objections would be forthcoming.

“We'll try to get a decision as soon as possible,” he said.