UPDATE: Dr. Kemm’s libel lawsuits continue as hospital and board defend claims

by Melanie Chance

A pair of defamation lawsuits filed by Dr. Russell R. Kemm, D.O., against several individuals and the Cedar County Memorial Hospital Board of Trustees, continue to wind through the legal system, with recent developments including the dismissal of one defendant and active motions from others.

Dr. Kemm, a former chief of staff at Cedar County Memorial Hospital, initially filed suit in December 2024 against the CCMH Board of Trustees, including Marvin Manring, Michelle Leroux, Katie McGee, and Melissa Gallette. That lawsuit alleges defamatory statements and actions surrounding internal hospital matters that Kemm claims damaged his professional standing.

Just weeks later, in January 2025, Kemm filed a second lawsuit naming El Dorado Springs resident James Delmar Bender Jr. and attorney Janae Leah Graham. That case centers around a letter authored by Bender accusing Kemm of misconduct with a nurse—allegations that were reportedly brought before the hospital board and led to an internal investigation. Graham, the hospital board’s former legal counsel, was accused of further spreading those claims.

Graham filed for dismissal under Missouri’s Anti-SLAPP statute, arguing her actions were protected legal communications. At a March 10 hearing, Kemm dismissed his claims against Graham, while Judge David Munton denied his motion for a change of venue.

Bender, who remains an active defendant, has countersued, alleging that Kemm breached confidentiality and disclosed private medical information in violation of the Health Insurance Portability and Accountability Act (HIPAA). On May 8, Bender’s attorney, Mark Wallace Watson, filed a motion to dismiss the remaining claims.

In the earlier case involving CCMH and its board members, attorneys for the hospital filed a joint motion to dismiss Kemm’s amended petition in March, and a motion hearing was held on May 12. The court has taken the matter under advisement and is expected to rule on the request to dismiss.

The hospital’s legal team, led by attorney John Schultz, has also objected to Kemm’s attempts to amend his petition further, arguing procedural missteps and a lack of sufficient grounds. Court filings show that both lawsuits have seen dozens of procedural motions, responses, and notices over the past several months.

Despite public reports earlier this year that Dr. Kemm was no longer affiliated with Cedar County Memorial Hospital, the hospital’s official website currently lists him as a practicing provider. While he is not seeing patients in the Medical Mall, he continues to provide services through the hospital’s Specialty Clinic.

Since the lawsuits were filed, the CCMH Board of Trustees has also changed. Michelle Leroux is no longer serving, and Peggy Kenney has since been elected to the board.

Both lawsuits remain pending in Cedar County Circuit Court. No trial dates have been announced, and the court is still considering several motions to amend, dismiss, or narrow the scope of the complaints.

The El Dorado Springs Sun will continue tracking both cases and provide updates as new rulings emerge. Please send all corrections or typos to sunpub@centurylink.net, including the article information in the subject line.