Judge Tosses Defamation Lawsuit Against Kenosha County Eye Because “Case Has No Merit And Cannot Be Maintained”: Judge

Copied!
Gavel
(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.

Paid Advertisement
Ousted Salem Lakes Trustee Michael Culat
(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.

Paid Advertisement
Judge David Wilk – Kenosha County Circuit Court Judge
(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.

Paid Advertisement

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.

Paid Advertisement

“Summary judge

Paid Advertisement

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.

Paid Advertisement

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.

Paid Advertisement
Attorney J. Michael McTernan – Alia, DuMez & McTernan, S.C.
(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.

Paid Advertisement

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.

Kevin Mathewson, Editor, Kenosha County Eye With Attorneys Eric Olson and Mike McTernan

“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.”

Author

Copied!
LATEST NEWS

Kenosha CNA Accused of Assaulting Elderly Resident at Care Facility

Kenosha, Wis. — A Kenosha woman stands accused of abusing a 73-year-old man at a local care facility where she worked, according to a criminal complaint filed in Kenosha County Circuit Court. Jahnix A. Medina, 27, was charged with one count of physical abuse of an elder person, intentionally causing bodily harm, a Class H felony. If convicted, she faces up to six years in prison, a $10,000 fine, or both. According to the complaint, officers

Read More »

Maine Man Accused of Violent Robbery in Kenosha; Bail Set at $10,000

Kenosha, Wis. — A Maine man is facing felony charges in Kenosha County after allegedly assaulting a woman and robbing her of a necklace in a violent altercation last fall. On Wednesday, Court Commissioner William Michel II set bail at $10,000 cash for Lewis A. Covington, 32, who is charged with robbery with use of force and substantial battery—both with domestic abuse enhancers. According to the criminal complaint, the incident occurred on October 12, 2024, when

Read More »
MORE TOP STORIES

Village Administrator Lawyers Up Amid DNR Wetland Investigation

Salem Lakes, Wis. — The Village of Salem Lakes’ top administrator is under scrutiny after the Wisconsin Department of Natural Resources (DNR) launched an investigation into potential illegal wetland disturbances on municipal property. The property in question is zoned C1. Lowland Resource Conservancy (C1) zoning is intended to prevent the destruction of valuable natural resources, including wetlands, shorelands, and areas subject to flooding. This is among the most restrictive zoning in the County. Cassandra Hiller, the

Read More »

Kenosha Alderman Accused of “Playing Cop” Again, Raising Concerns Over Overreach: Video

Kenosha, Wis. – Alderman Rollin Pizzala is facing renewed scrutiny after being spotted once again engaging in actions that appear to be outside the scope of his duties as a city legislator. On Thursday afternoon, a tip-off to Kenosha County Eye (KCE) reported Pizzala actively patrolling the 43rd Avenue neighborhood north of 60th Street, raising concerns among residents about his actions. Pizzala was reportedly “inspecting” properties in the area for code violations, such as property maintenance,

Read More »

Racine Officer Shoots Armed Suspect During Home Invasion: Investigation Underway

Racine, Wis. — An officer with the Racine Police Department shot and injured a suspect during a tense encounter inside a residence Tuesday night following a reported armed home invasion. The incident occurred in the 1100 block of Hamilton Street and has triggered an outside investigation, officials confirmed. According to a news release from the Kenosha County Sheriff’s Office, Racine officers responded to the scene on April 22 after receiving reports of a home invasion involving

Read More »

Kenosha Man Accused of Strangling Girlfriend, Causing Severe Facial Injury

Kenosha, Wis. — A 56-year-old Kenosha man is facing multiple criminal charges after allegedly assaulting his live-in girlfriend, choking her and striking her in the face hard enough to require stitches and cause temporary vision loss. Allen S. Meyer was charged in Kenosha County Circuit Court with substantial battery, strangulation and suffocation, and disorderly conduct — all with domestic abuse enhancers. The alleged attack occurred on March 21 at Meyer’s upper unit residence on 17th Avenue.

Read More »

Kenosha Woman Charged Again for Stealing Family’s Car While Out on Bail for Doing the Same

Kenosha, Wis. – A 36-year-old Kenosha woman remains in the county jail on a $7,500 cash bail after being charged with stealing her daughter’s car over the weekend—despite already being out on bail for a similar car theft involving her own mother just months earlier. Kristy R. Delaney now faces a total of ten new charges in a case filed Monday, including five felony counts of bail jumping, misdemeanor bail jumping, misdemeanor theft, operating while revoked,

Read More »

Kenosha Woman Accused of Tearing Sister’s Ear in Violent Fight

Kenosha, Wis. — A 23-year-old Kenosha woman is facing felony charges after allegedly assaulting her sister during a domestic dispute, less than two years after a similar case against her was dropped by the previous district attorney’s office. Katie M. Imbrogno has been charged in Kenosha County Circuit Court with one count of Substantial Battery – Domestic Abuse, a Class I felony, and one count of Disorderly Conduct – Domestic Abuse, a Class B misdemeanor. If

Read More »

$50,000 Bail Set for Kenosha Man Accused of Distributing Child Pornography

Kenosha, Wis. — A Kenosha man is being held in the Kenosha County Jail on serious felony charges after investigators say he shared a graphic image involving a young child over social media. Daniel D. Pichardo-Vilchis, 39, was arrested April 16 following an investigation by the Kenosha Police Department and the National Center for Missing and Exploited Children (NCMEC). He appeared in court last week for an initial appearance, where Court Commissioner William Michel ordered a

Read More »

Kenosha Man Jailed After Additional Child Porn Charges Filed

Kenosha, Wis. — A Kenosha man is facing serious new criminal charges after being re-arrested last week in connection with a growing child pornography case. Hector A. Tot-Cuc, 25, was first charged on March 31, 2025, with two counts of possession of child pornography. He was released on $10,000 cash bail the following day. But on April 16, at 9:40 a.m., Tot-Cuc was taken back into custody after new evidence led prosecutors to file five additional

Read More »

Teen Avoids Adult Court After Bringing Loaded Gun to Indian Trail

Kenosha, Wis. — In a decision that’s raising eyebrows across the community, Kenosha County Circuit Court Judge Chad Kerkman (D) on Friday rejected a request from prosecutors to waive 16-year-old Jaheem Wright into adult court, allowing the teen who brought a loaded gun to school and made threats to be sentenced in juvenile court instead. Wright, who terrified students and staff at Indian Trail High School in December, took a plea deal and pleaded guilty to

Read More »

Counselor on Leave Amid Allegations at Westosha Central High School; Parents Demand Transparency

Paddock Lake, Wis. — A counselor at Westosha Central High School is currently on leave, and parents are once again demanding transparency from school leadership. Kenosha County Eye has confirmed through multiple sources that the counselor is accused of inappropriate communication with a student. According to individuals familiar with the situation, the counselor allegedly used his or her personal cellphone to communicate with a student and is also believed to have given the student a ride

Read More »
Categories
Archives
Authors

34 Responses

    1. 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.

      6
      1
  1. 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

    4
    1
  2. 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.

    13
    1
  3. 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.

    12
    1
  4. 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.

    9
    1
  5. Congratulations!! One by one, Kevin, you are taking down the corruption and the “good’ole-boys” clubs in Kenosha County.

    5
    1
  6. 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.

    4
    1
    1. 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.

      6
      1
  7. 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!

    3
    1
  8. 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 !!!

    4
    1
  9. Culat sued this website for saying Culat failed to fulfill his duties. How could the Judge not dismiss that? Very strange BS case.

    4
    1
  10. 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

    5
    1
  11. 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.

    1
    1
  12. Too bad we all can’t sue Culat for the obnoxious letter he sent to us residents basically chastising us for not appreciating all that he’d done for us over the years. 🙄
    I still don’t understand how someone that is an illinois resident could be on our Wisconsin Village Board. Makes zero sense to me. I’d been voting against the previous Board president for years and was glad that everyone else finally saw what a rude, useless, awful person she truly was.

Add a Comment

Your email address will not be published. Required fields are marked *

Categories
Archives
Authors

Subscribe to updates

Get notified of new articles. We'll never share your email address.