(Photo by Kevin Mathewson, Kenosha County Eye)
Today, a Kenosha Judge dismissed a defamation lawsuit brought by Michael Culat, an ousted and embattled Salem Lakes Trustee. The suit was against Kenosha County Eye’s editor, Kevin Mathewson, and Brian Filiatreault, a local businessman. Filiatreault is a Village of Salem Lakes taxpayer and has been involved in Salem Lakes politics for years. He started started a website called “ChangeSalemLakesBoard.com” ahead of the 2023 election.
(Photo by Kevin Mathewson, Kenosha County Eye)
KCE wrote several articles that highlighted alleged misconduct of Culat, both as a fired police officer, and as a Trustee for the Village. We wrote about Culat’s serious misconduct as an Antioch Police Officer that lead to his termination. Culat admitted to having a sexual relationship with a married, pregnant dispatcher. He was found to have kissed, fondled and embraced her on a hidden camera at least four times, on duty. He was found to have opened the Chief of Police’s mail and reading it at least three times, on duty. He was found to have withheld from the police chief that he and another police officer that they intended to use a minor to make liquor store purchases at an Antioch liquor store. Finally, Culat was found to have ignored the fact that his friend stole tires, and didn’t report the theft by his friend. We also wrote about allegations that Culat had used a Village Skid Steer on his property that benefited him. Filiatreault wrote similar posts on his website, changesalemlakesboard.com, that he says was to oppose the then-current board, and support a new board. That’s exactly what happened on April 4, 2023. Three trustees and the Village President were all defeated in a landslide election by newcomers.
(File Photo by Kevin Mathewson, Kenosha County Eye)
Judge David Wilk said in court today that Culat’s testimony at deposition was that Mathewson and Filiatreault’s purpose of writing the statements was to get him unelected. Today’s win was obtained via summary judgment, something that doesn’t end a case frequently. Even as Judge Wilk highlighted, summary judgment is viewed in the light most favorable to the non-moving party, which was Culat and a drastic measure.
In other words, the court has to look at all the evidence in the most favorable light to Mr. Culat, and if he finds any credible evidence, he must deny Mathewson and Filiatreault’s motions to dismiss the case. The Wisconsin Supreme Court has held that the truth of statements made is the ultimate defense in defamation cases.
“Summary judge
ment is used to avoid trials where there is nothing to try,” said Judge Wilk. “Summary judgment should not be granted unless the facts presented conclusively show the action has no merit and cannot be maintained.” After those words were said by the Judge, he dismissed all three causes of actions against all defendants.
Although Culat’s suit was dismissed today, Mathewson has a claim against Culat. Culat committed a battery against Mathewson before a Salem Lakes Board meeting. It was captured on video and admitted to by Culat in a sworn deposition.
(File Photo by Kevin Mathewson, Kenosha County Eye)
“The court’s ruling could not be more timely, not only for Mr. Mathewson in the instant case, but all Americans. As we head into our country’s presidential election, the court was abundantly clear when it ruled that our constitution provides protection to publishers, and our citizens, to allow for open debate about our candidates running for public office. Mr. Culat was running for public office. After nearly 2 years of litigation, countless depositions and exchange of discovery, the court scoured the record and could not find a scintilla of evidence that anything Mr. Mathewson published was defamatory. As a result, all of Mr. Culat’s causes of actions were dismissed against Mr. Mathewson and all other defendants,” said KCE’s corporate attorney, J. Michael McTernan.
Filiatreault, who, along with his insurance company, hired two attorneys, Joe Niebler, and Joseph Wirth. They both also provided comments to KCE.
“It was unfortunate that [this] lawsuit was pursued in the first place; but after a thorough and thoughtful analysis, the court reached the proper decision in dismissing the lawsuit in its entirety,” said Wirth.
“The court got it right, but this case was a complete waste of time and money,” said Niebler.
Filiatreault didn’t show any outward emotion today when the Judge gave his ruling. He told KCE he knew the win was coming.
“This case was clearly frivoulous from day one. I think Culat did this out of spite for losing his election. When politicians think they can sue taxpayers to stifle free speech, this will and should always be the ending to such cases. I have every intention to pursue legal remedies to recover all of my costs from this case that had zero evidence to support Culat’s claim,” said Filiatreault. “It’s alarming to me that an attorney in Wisconsin would take a case that was clearly intended to stifle my free speech.”
KCE spoke with several civil attorneys who reviewed all of the pleadings. They estimated Culat’s legal costs to be significant, up to and including $100,000. This doesn’t include the checks that Culat has to write to Mathewson and Filiatreault to cover our costs and Mathewson’s counterclaim, which will likely go to a jury trial if it isn’t settled. KCE and Filiatreault are speaking with their attorneys to see if additional action can be taken against Culat and his attorneys for this spiteful lawsuit. Culat’s attorney, Travis West, got so heated during a deposition, that he told Mathewson to “go to hell.” He admitted this to the judge.
“I’m pleased with the Judge’s ruling today, although, I wish he would have dismissed this much earlier. I’d like to thank my attorneys Mike and Eric for fighting for me. Today Judge Wilk admitted that this case lacked any merit. Culat offered to drop this lawsuit after he and seemingly, his attorneys, learned that this suit was not winnable. Brian and I chose to deny his request as we both wanted our day in court. Our attorneys were very confident that we were going to prevail today. Culat’s attorney also seemed to agree, as he fervently contacted our attorneys to make this lawsuit go away before feeling the pain of the Judge’s decision,” said Mathewson. “I want to make it clear to people who do bad in this community: I’m watching, I’ll be writing, and I won’t be bullied or intimidated by frivolous lawsuits. Now, Mr. Culat, after spending tens of thousands of dollars will be writing me and Brian checks. Although Brian and I didn’t know each other well before this mess, through this process, we have become good friends. So I guess that was the only silver lining here.”
20 Responses
Thanks Kevin!!!! You are showing us the dirt and scum in Kenosha of K-town!!!
I’ve seen the satellite images that show a case skid loader presumed to be the Villages moving around the property in late July and early Aug 2022. Why/would Culat bring a case he can’t win. He must be another politician that can’t stand being caught, who knows. This attorney West is not local at all, interesting how Culat, Murdock and Snellen found this group. I’m thinking this was a political favor because no average Attorney would take a case as such. I heard on the street one of the local attorneys set Culat up with this West Attorney 2-3 hours away, bizarre. I’m glad Kevin kicked ass. Now it’s time for redemption, time for Culat and his Attorney to pay. Frivolous suit, Malicious prosecution and who knows. I would think Judge Wilk would want to teach these out-of-town Attorneys a lesson, to not come to Kenosha to play political games because you’re going to pay if you do. This case is about as ripe as it gets when it comes to frivolous or fraud suit.
Maybe start a go fund me page Kevin, I’ll gladly give to stop this nonsense by a but hurt terrible politician. Salem Lakes is so much better off without these lousy politicians, Culat, Kmiec, Campion and Tesar all gone in Spring 2023. Yes, the current board possibly could use an addition next spring or not, let’s see who is willing to give it another run. They have accomplished a lot under Bucurs leadership. The new Administrator is truly amazing, keep up the good work Cassandra.
Congratulations, and well done.
Very nice, keep exposing the trash.
Just not understanding the law but insisting your lawyers continue, (to cash my checks) says everything you need to know about Mike Culat.
To call a lawyer and ask if I have a case is anyone’s prerogative. But tell me really, did his lawyers really think he could win ??
As mentioned here, the names of the winning attorneys are noted.
Wouldn’t it be prudent to name the losing attorneys ? Free advertising ? Hey, come to me, I’ll take any case you have !
Truly some people have trouble finding an attorney to take their case. (and money)
Now they know some out there will
https://wcca.wicourts.gov/caseDetail.html?caseNo=2023CV000288&countyNo=30&index=0
Kevin drove someone to snipe “go to hell”? I can’t believe it! Seriously, though, if that lawyer is getting flustered by a self-proclaimed “college dropout,” he could use a lesson in stoicism. This is a GREAT win for KCE. Great win for freedom of the press! But the fun is just starting for KCE. Looks like there’s some costs to collect and a counter-claim to settle.
This Culat character has sued others in the past and his results were the same. He only knows losing, and today the Judge made it clear he sued with no merit. IMO, he just let the world know he was guilty of the stated accusations, what an idiot. Kevin, please post the transcript once you have it, probably a great read. Hopefully, the defendants will file a frivolous claim and make this stupid SOB pay.
Culat’s Attorney must be more focused into Culat’s bank account than the reality of the merits of the case. Maybe Culat should sue his attorney for letting him waste money on this loser case. I heard Culat had to reach out to Circus World Wi. to find an Attorney to take this loser case, very interesting.
Congratulations, Carli McNeill and Michael Graveley are next.
Great job!!! Keep exposing this corrupt system!!!!
Congratulations!! One by one, Kevin, you are taking down the corruption and the “good’ole-boys” clubs in Kenosha County.
Not dun til skinner is gone
Congratulations on thank you for continually pursuing these stories and standing up for us all. In this case, the amount of money he’s wasted on being wrong is insane.
I have followed this case, Culat never planned on winning. He did this out of spite, hopefully these defendants can recover their hard earned money from this loser politician. Why the Judge didn’t dispose of this case sooner is bizarre, this case never had merit. Clearly, this was a frivolous lawsuit and should be sanctioned. Culat accused these defendants of making false statement but they were opinions in a political campaign and the statements were true. Normally an attorney would never take a case as this, unless money was on the attorneys mind. Culat never thought he could win, just wanted to be a prick because Culat lost his trustee seat because he was doing stupid shit. Culat has a track record of filing lawsuit and then losing. This guy has a pattern, hopefully the defendants sue for damages and send a strong message to future morons trying to imitate free speech. God bless these defendants, for fighting for our freedom of speech. I believe their sacrifice made our community safer from those that want to stifle and threaten free speech.
Imagine if Kevin set up satellite County Eyes…perhaps hire someone to assist in running the Kenosha home branch while Kevin sets his sights just up the road on Milwaukee County…OH BOY that would be a major home run for taxpayers and citizens. Not to mention the exponential increase in website traffic could make Kevin’s enterprise a highly profitable one while also keeping Milwaukee and State politicians on their toes. I suggest Kevin duplicate his business model and expand!
I read that website changesalenlakesboard.com. That convinced me it was time for change. I can’t believe that guy got sued for that website it was f-in brilliant. and f-in true. Culat you suck! Please don’t get involved in politics anymore. your skin is way too thin. I hope these guys make you pay Culat !!!
Culat sued this website for saying Culat failed to fulfill his duties. How could the Judge not dismiss that? Very strange BS case.
Bucur might be kicking ass but so is the property maintenance officer. This Village has to put a stop to this guy, one complaint turns into 15. This guy must hate the citizens. Everyone is talking about this guy, Bucur make it stop or at least some guard rails, people just want to live
Let us all celebrate, Kenosha Steam Baths along with Garden Of Eatin would love to invite all to let off a little steam with us in celebration of a HARD victory.