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.

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.

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.

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 Man Charged With Multiple Sex Crimes, Faces 335 Years in Prison

Kenosha, Wis. — A 45-year-old Kenosha man has been charged with a series of sex crimes, including the repeated sexual assault of a child and possession of child pornography. Matthew H. Nielson was formally charged today and could face up to 335 years in prison if convicted. Nielson appeared in court today, where he was ordered to be held on a $200,000 cash bail. The charges against him include repeated sexual assault of a child, child enticement,

Read More »

Sheriff Zoerner Stands Firm Against Early Release Requests from Disgraced Former Official

Kenosha County, Wis.– Former Village of Pleasant Prairie Public Works Director John Steinbrink, Jr., who has been serving time in the Kenosha County Detention Center, will not be receiving an early release, despite repeated attempts to secure electronic monitoring from Sheriff David W. Zoerner. He will remain behind bars until May of this year. Steinbrink, who was initially charged with seven felony counts related to misconduct in public office, saw his charges significantly reduced after the

Read More »
MORE TOP STORIES

Gateway Technical College President Ritu Raju’s DEI Policy Shift: A Masked Attempt at Compliance or Genuine Change?

Kenosha, Wis. — In a move that has already sparked significant controversy, Ritu Raju, President of Gateway Technical College (GTC), announced the dissolution of the institution’s Diversity, Equity, and Inclusion (DEI) program today. The decision, conveyed through a mass email to faculty and staff, comes in the wake of President Donald Trump’s sweeping new policies on DEI. According to Raju, the college is adjusting its approach to comply with new federal guidelines, which threaten institutions with

Read More »

Kenosha Voters Reject $115 Million KUSD Referendum in Strong Rebuke

Kenosha, Wis. – A controversial $115 million referendum for the Kenosha Unified School District (KUSD) was handily defeated Tuesday night, with voters across the City of Kenosha, Pleasant Prairie, and Somers sending a clear message against what many see as years of financial mismanagement and administrative bloat. The referendum, which sought to address budget shortfalls and facility upgrades, was widely criticized as a band-aid solution for a district plagued by declining enrollment yet expanding high-paid administrative

Read More »

KUSD’s Election Rigging, Censorship, and Corruption: Why Voters Must Reject the $115 Million Tax Hike

Nathan Hale – A Special to Kenosha County Eye – Opinion The Kenosha Unified School District (KUSD) is once again under fire—this time for actively silencing dissenting voices on its official Facebook page and attempting to rig the upcoming referendum with taxpayer-funded propaganda and outside dark money. Numerous residents who voiced opposition to the district’s massive $115 million referendum reported that their comments were mysteriously deleted. Instead of fostering an open dialogue, KUSD appears to be

Read More »

Twin Lakes Man Charged With Seven Counts Of Possession Of Child Pornography

Twin Lakes, Wis. – A Twin Lakes man is facing multiple felony charges after authorities say he was found in possession of illicit material involving minors. Thomas J. Pattock, 46, was charged today with seven counts of Possession of Child Pornography following an investigation by local and state law enforcement agencies. Under Wisconsin law, each count carries a minimum sentence of three years and a maximum of 25 years in prison. However, a legal provision allows

Read More »

Kenosha County Caught in Open Meetings Violation: A Troubling Lack of Transparency

Kenosha, Wis. –In a disturbing example of government secrecy, Kenosha County officials attempted to hold an illegal, unannounced meeting of the Opioid Settlement Advisory Committee last Thursday, February 13, 2025—only to be caught in the act and forced to shut it down. The clandestine gathering, which took place in a nondescript room inside the Kenosha County Job Center, was exposed by KCE (Kenosha County Eye) after receiving a tip about the committee’s planned meeting. When KCE

Read More »

Somers Resident Captures Garbage and Recycling Being Mixed in Disposal Truck: Video

Somers, Wis. – A Village of Somers resident noticed last week that his garbage and recycling were being collected together by John’s Disposal. This week, anticipating a repeat occurrence, he recorded a video capturing the incident. The footage shows a John’s Disposal driver picking up the garbage bin and emptying its contents into the truck. Moments later, the driver does the same with the recycling bin, disposing of both waste streams into the same compartment. The

Read More »

Three Injured in Kenosha Crash Involving Police Officer: Video

Kenosha, Wis. – Three people, including a Kenosha Police Officer, were injured in a crash Saturday evening. Both civilians involved in the collision were hospitalized, while the officer sustained injuries but is expected to recover promptly. The incident occurred just after 8:45 p.m. when a 20-year-old Kenosha woman was driving southbound on Sheridan Road. She was preparing to turn left onto 66th Street. Surveillance footage captured the moment a Kenosha Police Officer, responding to a traffic

Read More »

School Funding, the Budget Surplus, and Tax Cuts – Q&A With Rep. Nedweski

As we near the February 18th election, I reached out to State Representative Amanda Nedweski (R-Pleasant Prairie) to address some frequently asked questions about the KUSD operating referendum as it relates to state funding. Kenosha Unified is asking voters if they approve of a property tax that is higher than the state’s statutory levy limit by about $23 million per year through 2030 – or a cumulative amount of $115 million over that time period. The

Read More »

Civil Suit Against Fired Groomer KUSD Teacher Moved To Federal Court, More Defendants Added

Kenosha, Wis. – Former KTEC West science teacher Christian Enwright is facing a civil lawsuit and criminal charges after allegedly grooming a 13-year-old student, later 14, over an eight-month period from June 2023 to February 2024. The lawsuit, filed on May 20, 2024, in Kenosha County Circuit Court, accuses Enwright of manipulating and emotionally abusing the student to establish a future sexual relationship. The Kenosha Unified School District (KUSD), which originally faced the lawsuit in state

Read More »

Here Are The Government Employees Who Work In Kenosha County And How Much They Make

In the spirit of transparency, Kenosha County Eye requested salary information from the following government agencies in late 2024: Kenosha Unified School District (KUSD)City of KenoshaCounty of Kenosha Kenosha County District Attorney’s OfficeWisconsin State Public Defender’s Office Village of Paddock LakeVillage of Pleasant PrairieVillage of Twin LakesVillage of Salem LakesVillage of Somers Town of RandallTown of Wheatland Westosha Central High SchoolTrevor-Wilmot School DistrictTwin Lakes School DistrictWilmot Union High SchoolRiverview Salem Silver Lakes Silver Lakes School DistrictUW

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 *

LATEST NEWS
Categories
Archives
Authors

Subscribe to updates

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