A Stillwater, Minn. attorney who represented former Pierce County Sheriff Nancy Hove in a lawsuit filed by Pierce County last year has filed his own lawsuit in Pierce County Civil Court.

According to court records, Richard Duane Hodsdon filed the lawsuit June 16, 2023 against Pierce County, County Board Chair Jon Aubart, Vice Chair Michael Kahlow, Corporation Counsel Brad Lawrence and Madison-based attorney Kraig Byron, who represented the county in its lawsuit against Hove last fall.

Hove, who served as Pierce County sheriff from Jan. 2, 2007 to her retirement on Jan. 2, 2023, is not a party to this lawsuit.

Hodsdon is asking the court to award him $14,096.10, plus interest to the date of payment, reasonable expenses and costs, including attorney’s fees for time expended by Hodsdon in defending Hove. He is alleging the county is liable for breach of contract, while Aubart, Kahlow and Lawrence are jointly liable for “tortious interference” with contract for $14,096.10, plus interest, expenses, costs and attorney fees for time expended by Hodsdon in an effort to collect payment. Hodsdon also claims the trio is liable for punitive damages under Wisconsin state statute as a result of malicious conduct and intentional disregard of his rights, plus compensatory and punitive damages for violation of his rights to due process and just compensation.

“In directing the commencement of litigation against Sheriff Hove without legal authority to do so and then preventing payment of the Plaintiff’s (Hodsdon’s) reasonable attorney fees, Defendant Aubart (Kahlow and Lawrence) breached the duty of due care and thereby caused the Plaintiff to experience reasonably foreseeable damages as a result of his intentional violation of Wis. Stat. 59.01,” the complaint states.

Hodsdon also alleges that in commencing litigation against Hove without properly investigating the legal authority to do so, Byron breached the duty of due care as well.

“In continuing to pursue litigation against Sheriff Hove after having actual knowledge there was no legal authority to initiate or continue the action, Defendant Byron breached the duty of due care imposed upon a licensed attorney … aiding and abetting the Defendants’ violation of Wis. Stat. 59.01,” the complaint states.

Hodsdon is seeking the following:

• Judgment against Pierce County in the amount of $14,096.10, plus interest to date and reasonable costs and attorney fees
• Judgment against Aubart for compensatory damages in the amount of $50,000, plus punitive damages in an amount authorized under state law.
• Judgment against Kahlow for compensatory damages in the amount of $50,000, plus punitive damages in an amount authorized under state law.
• Judgment against Lawrence for compensatory damages in the amount of $50,000, plus punitive damages in an amount authorized under state law.
• Judgment against Byron in the amount of $14,096.10.
• An award of allowable costs including reasonable attorney fees.

Lawsuit against Hove

Pierce County filed suit against Hove Nov. 7, 2022 in Pierce County Civil Court, claiming she had no constitutional authority to hire sheriff’s department personnel without input from other county departments and employees, and if she did so, it was violating county policy.

The county’s Finance & Personnel Committee voted Nov. 7 to proceed with the hiring process to fill vacant chief deputy, patrol lieutenant and other open positions in the sheriff’s office. However, Hove was accused of not following county personnel policy in regards to filling positions within the sheriff’s department. The county claimed Hove posted for the position and was continuing to recruit without following county policy; Hove said she sent out an informal email asking if anyone in the sheriff’s office was interested in the open positions.

In a Dec. 1 email to The Journal, Lawrence said the county needed to rush to file suit Nov. 7.

“Given the position and actions taken by Sheriff Hove in refusing to comply with County policies and the law, and her efforts to continue recruitment despite the County's efforts, time was of the essence making it necessary for the County to immediately take action to enforce its rights and policies consistent with the law, to preserve and protect the rights of the County now and moving forward, in the form of seeking a declaratory judgment and injunctive relief to preclude Sheriff Hove from unilaterally recruiting, hiring and promotion.”

At a motion hearing held Nov. 16, La Crosse County Judge Ramona Gonzalez ordered Byron to bring forth a full Pierce County Board decision authorizing litigation. She gave them until Dec. 1 to bring forth the proper resolution and expressed surprise that they had not done so. Byron said Lawrence told him Aubart and Kahlow had authorized the litigation to go forward. Byron said he was told the full body was aware of the litigation.

“Under the emergency situation presented to the county, we think it was within the authority of the county chair to commence the litigation and then later ratified by the county board,” Byron said at that hearing.

Gonzalez ended the hearing by stating the county should not have filed the suit without the county board ratification.

Although the Pierce County Board voted 11-5 at a special meeting Tuesday, Nov. 29, 2022 to authorize litigation against Hove in order to “enforce, preserve and protect Pierce County’s rights regarding recruitment, hiring and promotion of sheriff’s office deputies,” Gonzalez dismissed the case against Hove Dec. 9, 2022. She said the individuals who initiated the suit did not have the authority to do so. 

After the lawsuit

Hodsdon said he submitted the $14,096.10 bill to Hove on or about Dec. 10, 2022. Hove submitted the bill to the Pierce County finance department around Dec. 12, 2022. Hodsdon said over the next several weeks, Hove attempted to get the county to issue payment to Hodsdon.

On Jan. 26, 2023, County Administrator Jason Matthys informed Hove by email that he had discussed the bills with Aubart and Kahlow and was waiting for further direction.

On Feb. 6, 2023, Matthys sent an email to Hodsdon with a letter signed by Aubart that at Aubart’s direction, the county refused to pay Hodsdon’s invoice. Hodsdon claims this decision was made with malice directed at Hove and him.

Aubart has served on the Pierce County Board since 2012; he was elected chair in 2022. Kahlow has served on the Pierce County Board since 2012 as well; he was elected vice chair in 2022.