Doctor files second lawsuit amid ongoing legal dispute

by Melanie Chance

A new legal battle is unfolding in Cedar County as Dr. Russell R. Kemm, D.O. has filed a separate lawsuit distinct from his ongoing legal dispute with the Cedar County Memorial Hospital (CCMH) Board. The case, centered on allegations of libel and slander, has sparked further legal wrangling among key parties.

The lawsuit, officially filed Jan. 3, names James Delmar Bender Jr. and attorney Janae Leah Graham as defendants. The case has already seen multiple legal motions, including a motion to dismiss from Graham, a counterclaim from Bender, and a motion for a special process server filed on behalf of Kemm.

Attorneys Representing Each Party

• Plaintiff: Dr. Russell R. Kemm, D.O.

Attorney: Nicholas L. Swischer

Firm: Swischer Law Office, Nevada, Mo.

• Defendant: James Delmar Bender Jr.

Attorney: Mark Wallace Watson

Firm: The Law Office of Mark W. Watson, P.C., El Dorado Springs, Mo.

• Defendant: Janae Leah Graham

Representing herself (Pro Se)

Kemm, a physician and former CCMH chief of staff, alleges that both Bender and Graham engaged in defamation, harming his professional reputation. At the center of the case is a letter written by Bender, which accused Kemm of misconduct involving a CCMH nurse. The letter, allegedly presented to the hospital board, led to an internal investigation into Kemm.

Graham, who previously served as legal counsel for CCMH’s Board of Trustees, is accused of helping to spread the allegations. She has since filed a motion to dismiss, asserting her actions were protected under Missouri law and that Kemm’s lawsuit amounts to a Strategic Lawsuit Against Public Participation (SLAPP)—a legal maneuver often used to silence critics.

While some in the community still believe Kemm serves as the hospitalist, he does not currently see patients at the Medical Mall. Instead, he works at the Specialty Clinic, where he provides specialized medical services.

Several key legal filings have taken place:

• Jan. 7 – Summons issued for Graham and Bender, officially beginning the lawsuit.

• Jan. 14 – Summons personally served to both defendants.

• Jan. 22 – Attorney Mark Wallace Watson files an entry of appearance on behalf of Bender.

• Feb. 13 – Graham files a motion to dismiss, arguing Kemm’s allegations lack legal merit and claiming Missouri’s Anti-SLAPP laws protect her actions.

• Feb. 13 – Bender files his answer, affirmative defenses, and counterclaims, stating he acted in the public interest by reporting what he believed to be unethical conduct.

• Feb. 13 – Graham moves to strike Kemm’s demand for $10 million in damages, arguing it violates Missouri law.

The judge presiding over the case has not yet been publicly disclosed. The case is being processed through the Cedar County Circuit Court, where all civil filings are handled.

Sarah Turner, the Cedar County Circuit Clerk, serves as the “keeper of the records” for the court system. Her office is responsible for processing lawsuits and maintaining case files.

Graham’s Defense

In her legal filings, Graham contends she was acting within her role as counsel for CCMH’s Board of Trustees. She states her recommendations were made in a closed-door session and should not be considered defamatory.

Graham’s motion also highlights that this is the second lawsuit Kemm has filed against her in 15 days, suggesting a pattern of retaliatory litigation. Missouri’s Anti-SLAPP laws are designed to prevent lawsuits that intimidate individuals for participating in public matters. Graham is requesting attorney’s fees and a dismissal with prejudice under this statute.

Bender’s Counterclaims

Bender, also a defendant in the case, has filed a counterclaim against Kemm, alleging:

• Breach of fiduciary duty of confidentiality – Bender claims Kemm unlawfully disclosed private medical information about him.

• Invasion of privacy – Bender alleges his personal details were publicly exposed without consent.

• Violation of HIPAA regulations – Bender claims Kemm improperly handled and disclosed protected medical information.

Bender’s legal response emphasizes that he acted in the public interest by reporting potential misconduct. He asserts his actions were protected under the law, as they aimed to alert authorities to possible unethical behavior.

The Cedar County Circuit Court is expected to review Graham’s motion to dismiss and Bender’s counterclaims in the coming weeks. If the court upholds Graham’s Anti-SLAPP motion, the case could be dismissed, and Kemm may be ordered to pay legal fees.  Stay updated on local cases by subscribing to The El Dorado Springs Sun. Please send all corrections or typos to sunpub@centurylink.net, including the article information in the subject line.