Baxter Springs ? A newspaper columnist and former councilman who both were once accused of criminally defaming a city official have lost their federal case alleging the city abused its power.

The lawsuit, which was dismissed earlier this month, named the city, City Clerk Donna Wixon and City Atty. Robert Myers.

The plaintiffs, columnist Ron Thomas and City Councilman Charles How Jr., accused the defendants of violating their civil rights by pursuing defamation charges against them.

Thomas and How, along with former Baxter Springs News Publisher Larry Hiatt, each were charged in March 2003 with one misdemeanor count of criminal defamation. A judge dismissed those charges three months later because the city did not obtain a special prosecutor within the 30-day period that had been allotted.

The charges stemmed from a column by Thomas that was critical of Wixon. The same edition of the paper contained a political advertisement, paid for by How, that called Wixon “hateful.” How was elected to the City Council but lost his position in a subsequent election.

The lawsuit filed by Thomas and How alleged abuse of process, malicious prosecution and violations of the First Amendment’s guarantee of free speech and 14th Amendment right to equal protection.

In the Dec. 15 summary judgment, U.S. District Judge John Lungstrum assessed court costs against How and Thomas. The trial had been set to begin next week in federal court in Kansas City, Kan.

“Ultimately, the court finds that Ms. Wixon did not act under color of law and that Mr. Myers did not violate a clearly established constitutional right of either Mr. How or Mr. Thomas,” Lungstrum wrote.

How said he was disappointed in the ruling.

“Free speech was the purpose of the lawsuit,” How said. “I thought you had the freedom to speak in this country, but I guess not anymore.”

Myers said he was pleased with the decision.

“I was happy that the judge reached the decision that the plaintiffs failed to meet their burden,” he said.