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Judge Allows Lawsuit Lawsuit Against Jason Kessler, Others to Move Forward

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Judge Moon handed down his decision on July 9 Judge Moon handed down his decision on July 9
CHARLOTTESVILLE, Va. (WVIR) -

A federal lawsuit against the organizer of the Unite the Right rally and other identified white supremacists involved in the chaos in Charlottesville last summer is moving forward.

Judge Norman Moon handed down his decision on Monday, July 9, with a 62-page ruling that outlines why this civil case will move forward.

One defendant, Mike Peinovich, and one plaintiff, Hannah Pearce, have been dismissed, but otherwise the case is set to head to trial next year.

Judge Moon's decision comes after the defendants filed a motion to dismiss the case on May 24.

Moon's ruling states that the plaintiffs have proven on the basis of the KKK Act of 1871 that there’s sufficient evidence for the case to continue.

The plaintiffs allege that the planning of the August 11 and 12 rallies was racially motivated and violated their 13th Amendment rights.

“In our constitutional democracy, the only proper way to fight and to fight back is to fight back in court, and that's exactly what our courageous plaintiffs have done here and that's exactly as Judge Moon recognized is what the law allows,” says Roberta Kaplan, the plaintiffs’ attorney.

Kaplan says she’s thrilled with the judge's decision. She says the evidence her team presented in May is only the tip of the iceberg, and that they expect to dig up much more.

Kaplan says now the process of discovery will soon get underway and she will be able to access much more evidence as well as conduct depositions.

She says this case is set for trial in July 2019.

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