Dr. Rene Boucher has formally requested dismissal of the lawsuit U.S. Sen. Rand Paul recently filed against him.

Boucher, who lives next to Paul in the Rivergreen subdivision, has pleaded guilty to assaulting a member of Congress, a federal offense, and is soon to begin a 30-day sentence in connection with his tackle of Paul as the senator was mowing his yard Nov. 3.

Paul, who suffered multiple rib fractures and contracted pneumonia following the attack, sued Boucher on Friday, requesting unspecified compensatory and punitive damages as well as an injunction that would forbid Boucher from having contact with Paul and his family.

The lawsuit was filed on Paul’s behalf by attorney Kyle Bumgarner.

Boucher’s attorney, Matt Baker, filed a response and counterclaim in Warren Circuit Court on Wednesday.

The response argues that Paul has neither incurred any out-of-pocket medical expenses nor sustained lost income as a result of the incident, and would thus not be entitled to damages.

Baker also pushed back against the request for an injunction, disputing the claim in Paul’s lawsuit that Boucher’s conduct was part of a pattern of “stalking and harassment” requiring the circuit court’s intervention.

Baker pointed out that the tackle that brought on the criminal charges was an “isolated incident” and also noted in the response that the federal judge presiding over Boucher’s criminal case already ordered Boucher to have no contact with the senator.

Boucher has maintained that he tackled Paul after losing his temper upon seeing the senator stack a pile of lawn debris in a portion of his yard near the property line he shares with Boucher.

“In point of fact, there was, is and has never been any proof whatsoever of any such pattern of any such misconduct,” Baker said in the response. “Neither (Paul), nor any of (Paul’s) family members, have ever alleged a pattern of any such conduct to anyone, to include law enforcement officials or other third parties and the allegation that any such conduct exists is completely specious and without merit.”

Accompanying Boucher’s motion to dismiss is a counterclaim against Paul alleging that the senator “has historically caused to be deposited and accumulated on his property various piles, heaps and mounds of trash, debris, waste, dead trees, stumps and refuse of all types and configurations.”

Multiple instances of the senator stacking limbs and other remnants near the property line with his neighbor between September and Nov. 3 are cited in Boucher’s counterclaim.

Boucher gathered one pile of debris Oct. 10, placed it into dumpsters and had it hauled off, according to court records.

“Even though this debris was not on Dr. Boucher’s property, he viewed it as unsightly – as it was placed directly in his line of sight from his patio and the back door of his house,” Baker states in the counterclaim.

The pile was reconstructed a few days later and hauled off again by Boucher, and then reconstructed a third time that October, and Boucher discussed the situation with at least two members of the homeowner’s association, according to the complaint.

Boucher burned the pile of yard debris Nov. 2, and the senator is alleged in the counterclaim to have blown the leaves from his property onto Boucher’s yard Nov. 3, the date of the assault.

Baker said in the counterclaim that Boucher is entitled to damages from Paul on the grounds that the stacking of yard debris violated restrictions in the senator’s property deed as well as regulations in the Rivergreen homeowner’s association bylaws and protective covenants.

Baker also claims the senator’s conduct was intentional and constituted the maintenance of a private nuisance and trespass.

A motion by Baker to file a third party complaint naming Paul, his wife, Kelley Paul, and the homeowner’s association as defendants is tentatively scheduled for a hearing Monday before Warren Circuit Judge Steve Wilson.

The third party complaint would seek to also hold the homeowner’s association liable for not enforcing its bylaws against the Pauls.

– Follow courts reporter Justin Story on Twitter @jstorydailynews or visit bgdailynews.com.

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