Parson says MO shouldn’t pay for damages from senators sued for false posts on KC shooting

Missouri Gov. Mike Parson is seeking to block the state from paying for any damages if three state senators are found liable for sharing false posts about the Kansas City Chiefs parade shooting.

Parson, a Republican, sent a letter on Monday demanding Ken Zellers, who leads the Missouri Office of Administration, to not certify state money for any potential judgments against the three senators who were sued for falsely accusing a Kansas man of being one of the shooters.

“I am deeply concerned about the liability to taxpayers should this aggrieved individual succeed in his lawsuits,” Parson wrote. “Missourians should not be held liable for legal expenses on judgments due to state senators falsely attacking a private citizen on social media.”

Parson’s letter comes as Republican Attorney General Andrew Bailey faces intense criticism for his office’s decision to defend the three senators: Rick Brattin of Harrisonville, Denny Hoskins of Warrensburg, and Nick Schroer of St. Charles County.

All three senators, members of the hard-right Missouri Freedom Caucus, were each sued last month for posts falsely claiming that Denton Loudermill, an Olathe native, was an undocumented immigrant and a shooter in the February shooting that killed one person and injured more than 20.

“As Governor, I am tasked with responsibly recommending and spending taxpayer dollars,” he wrote. “I cannot justify money spent in this way.”

Parson, who appointed Bailey, had previously criticized Bailey’s decision. Legal experts have also questioned the move and argued that Bailey could have exposed taxpayers to liability.

Parson letter to Zellers by The Kansas City Star on Scribd

The Republican governor specifically called on Zellers not to certify any money from the state’s legal expense fund, which lawmakers direct money to to defend state employees and elected officials from legal claims connected to their official duties.

“You shall not certify any payments from the LEF (legal expense fund) in this instance without my approval or a court order,” he wrote.

Parson also pointed to the fact that the three senators voted against the proposed state budget that includes the legal defense fund, saying those votes highlighted “the fact that they also do not financially support the fund that would be responsible for covering their conduct.”

Monday’s letter raises questions about whether Bailey will continue to defend the three state senators. A spokesperson for Bailey’s office did not immediately respond to a request for comment and the three senators have repeatedly refused to talk about Bailey’s defense.

The lawsuits against the Missouri senators came after an onslaught of false social media posts were shared with photos of Loudermill after the shooting. Loudermill also filed a similar lawsuit against U.S. Rep. Tim Burchett, a Tennessee Republican.

The Missouri lawmakers’ posts caused Loudermill to receive death threats, incur damages totaling more than $75,000, anxiety, and loss of sleep, according to the lawsuits, which accuse the senators of false light invasion of privacy.

The lawsuits ask a judge to issue damages “to punish” or deter the senators and others from similar conduct in the future.

The suits argue that the three senators were acting as private citizens when they made the false social media posts. But Bailey’s office argued in a court filing that Brattin was acting in his official capacity and is protected by “absolute legislative immunity.”

Criticism over Bailey’s decision also boiled onto the Missouri Senate floor last week. Sen. Mike Cierpiot, a Lee’s Summit Republican, offered an amendment to the Senate Journal, typically approved without controversy each day, attacking Bailey’s defense of the senators.

The amendment, which forced the Senate to adjourn for the day, would have stated that it was the opinion of the chamber that Bailey “should not expend any public funds or monies” to defend the senators.

Hoskins, who is running for Missouri secretary of state, said in an interview last week that he didn’t have any response to Parson’s criticism of Bailey’s decision to represent him. He said he “trusted the attorney general.”

When asked whether the senators asked Bailey to represent them or the other way around, Hoskins said he didn’t remember.

“I can’t remember if he reached out to one of the other senators or one of the other senators reached out to him,” he said.