Truck Beach Lawyer Files $25M Libel Suit Against Ex-Judge Baisley 

A Southampton-based attorney plans to sue a former Suffolk County judge in the Truck Beach case who allegedly broke the law when the ex-judge publicly issued an order referring the lawyer to the grievance committee.

Dan Rodgers, a former prosecutor who represents commercial fishermen fighting oceanfront Amagansett homeowners to restore the right to drive on a stretch of Napeague beach, filed a notice of claim on November 11 against the former judge, Paul Baisley, who issued the referral on the day he retired on August 31.

Rodgers seeks $25 million in damages for defamation and libel that harmed his law practice, court papers show.

“Claims made by Justice Baisley were false and therefore actionable” and the judge “… acted with reckless disregard for the truth in that he had no personal knowledge of the truth or accuracy of these false claims,” the notice of claim states.

The claim specifically cites local newspapers — including Dan’s Papers — reporting on Baisely’s order that stated “Rodgers has demonstrated a continuing brazen pattern of misinforming and misleading his clients as to the status of this matter.”

A notice of claim is a legal precursor to filing a lawsuit against a government agency. Besides Baisely personally and in his professional capacity, Rodgers also signaled his intent to sue New York State, the state Unified Court System and its e-Courts system on which Baisely published his order.

Rodgers claimed in court papers that Baisley acted with “actual malice” when the then-judge posted his decision to the publicly accessible court database instead of confidentially sending it to the local grievance committee that investigates allegations of attorney misconduct.

In doing so, Rodgers alleged Baisely violated state law that mandates such referrals be confidential. The attorney added in court papers that Baisely “may not benefit from the judicial immunity ordinarily granted to sitting judges as the specific conduct complained of was not performed as part of any judicial function.”

Rodgers said the grievance committee told him there is no pending investigation against him. He added that he is unable to file a Committee on Judicial Conduct claim against Baisey because the judge is now retired.

Neither the state attorney general’s office that defends state agencies in court nor a court system spokesman responded to requests for comment.

Baisley could not be reached.