Avery's handwritten motion to dismiss comes just a few weeks after Judge Lynn Adelman denied Avery's request for a publicly-funded attorney to represent him. And, it comes just a week before Avery was scheduled for deposition in the case.
Avery filed suit in 2012 against former Calumet County Sheriff Gerald Pagel, jail administrator John Byrnes, corrections officer Gary Hemauer, and other, unnamed correctional workers, as well as Calumet County. Avery claimed he was subject to unreasonable search & seizures, and was denied his right to free speech while being held in the county jail. He sought $1 for every instance of his rights being violated, plus punitive damages of $15 million.
Ron Stadler, who represents the defendants, told the court they have no objection to the dismissal but want it to be "with prejudice," meaning that Avery could not re-file the claim.
"This lawsuit has been pending for over 2.5 years and Defendants were in a position to finally achieve a dismissal of this lawsuit through summary judgment. While Defendants have no objection to a final resolution to this case through the more efficient process of a voluntary dismissal, it would object to a dismissal where Plantiff would be able to refile or recast these claims in future litigation," Stadler wrote.
Judge Adelman has not entered a dismissal order yet, so it remains to be seen if the defendants request for dismissal with prejudice will be granted.