Former Butler County Commissioner Jim Eckstein's lawsuit against the county to recoup legal expenses incurred from a defamation case is moving forward.

Senior Judge John Reed ruled the county must file a direct response to Eckstein's complaint within 20 days of Monday, when the court order was received by the county prothonotary's office.

The county previously filed preliminary objections in an attempt to have the case dismissed.

In addition to the county, the current commissioners — Leslie Osche, Kim Geyer and Kevin Boozel — also are named as defendants.

“That's disappointing,” Osche said of the decision to not dismiss the case. “It's really distracting our resources.”

Eckstein was pleased with the ruling.

“I'm happy the case is going to move forward,” he said.

Eckstein insisted he was innocent of defamation, so he should not bear the financial brunt of that civil case, which lasted four years.

“I never did it in the first place,” he said. “Why should I be penalized?”

Two defamation lawsuits were filed against Eckstein in 2012, the first year of his term. The lawsuits — one filed by former county Commissioner Dale Pinkerton and the other by county human resources director Lori Altman and her husband, state Trooper Scott Altman — alleged Eckstein spread a rumor that Pinkerton was not charged for a drunken driving pullover in exchange for Altman receiving an extra 20 percent pay hike at the end of 2011.

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.

The lawsuits were tried simultaneously. A mistrial was declared in April 2016. Before the case could be retried in September 2016, Eckstein accepted offers to discontinue the lawsuits if he paid $3,000 to each set of plaintiffs.

He maintains his innocence.

“These were false and malicious claims,” Eckstein said.

Reed dismissed the county's objection regarding Eckstein's claim for reimbursement for legal defense expenses under a section of the Tort Claims Act.

The order stated some provisions of the law were not applicable in this case due to there not being a judgment in the defamation case.

However, Reed pointed out Eckstein asserts testifying repeatedly during the trial about believing his actions fell under the scope of his duties as commissioner.

Reed stated the county can argue whether Eckstein's actions were reasonably believed to be within the scope of his duties, but the case cannot be automatically dismissed on those grounds at this stage.

According to the order, “The plaintiff has alleged in his complaint during his cross-examination in the Pinkerton/Altman v. Eckstein trial, he testified on at least five different occasions that in conversations with third parties concerning and related to the charges brought against him that he was acting within the scope of his duty as a county commissioner and that his testimony was not rebutted or contradicted. This is a sufficient factual allegation to survive a demurrer dismissal.”

County solicitor Mike English declined to answer questions.

“I have no comment on pending litigation,” he said.

Larry Rodgers, Eckstein's attorney, also was pleased with the ruling.

“That means we get our day in court,” Rodgers said. “I'm very pleased with Judge Reed's order. I think it was well-reasoned based on the law of the case, based on the statutes.”

Along with Eckstein's testimony that he believed his actions fell under his duties, Reed also agreed Rodgers filing a request for a mandamus action — a court order directing government official(s) to properly fulfill their official duties — was appropriate.

According to the order, “If the plaintiff meets the conditions ... there will be a corresponding duty for the county to reimburse the plaintiff for the expenses of his legal defense. There is no adequate alternative remedy available.”

Although the case is moving forward, Rodgers offered a possible resolution.

“I'm still hoping the commissioners will realize the strength of our case, and we can sit down and make a reasonable settlement without further costly litigation,” he said.