For the second time last week, a judge dismissed a defamation case brought by former Denver Public Schools board member Tay Anderson, this time because his lawyer “fail(ed) to prosecute” the case.

Anderson’s attorney, Issa Israel, filed the lawsuit against a handful of defendants in Nov. 2021, alleging they’d spread false allegations of sexual assault that defamed his character and reputation.

In March 2021, a statement by Black Lives Matter 5280 — accusing Anderson of sexual assault on behalf of an anonymous woman — sparked a chain reaction, triggering a months-long DPS investigation conducted by Investigations Law Group.

In subsequent legislative testimony, DPS mother Mary Katherine Brooks Fleming alleged DPS had a sexual predator in its midst. Once investigators determined she’d referred to Anderson, the investigation expanded.

Ultimately, the probe did uncover a pattern of grooming and predatory behavior. The redacted report revealed Anderson, now 25, aggressively pursued inappropriate relationships with multiple underage students while on the school board and a candidate. They concluded he’d intimidated investigation witnesses and made unwelcome sexual advances toward young women while leading a youth-led organization prior to running for office.

The school board received the unredacted report in Sept. 2021, after which they censured Anderson for unbecoming conduct. A month later, progressive activist Jeeva Senthilnathan made fresh allegations on social media that Anderson harassed and sexually assaulted female activists.

Soon, Anderson filed his lawsuit against BLM5280, Fleming, Senthilnathan and BLM5280 board member Amy Brown.

Under Colorado’s anti-SLAPP statute — intended to sift out frivolous defamation claims — Judge David H. Goldberg initially dismissed the case against every defendant but Senthilnathan “with prejudice,” meaning Anderson was on the hook for the prevailing parties’ legal fees and couldn’t sue them again over this.

Goldberg recently ordered Anderson to pay $61,060 in attorneys’ fees to BLM5280 and Brown.

Last year, Issa appealed the decision to the Colorado Court of Appeals. That court upheld Goldberg’s decision to dismiss the claims against BLM5280 and Brown, holding Anderson liable for their attorneys’ fees — but they permitted both the claims against Fleming and Senthilnathan to proceed.

With Thursday’s dismissal, the entire case is thrown out — meaning Fleming and Senthilnathan are in the clear.

Here’s the thing: This is all Anderson and Israel’s fault.

Israel didn’t even attend oral arguments for Anderson’s appeal. Later on, despite clear instructions from Judge Goldberg, Israel failed to meet basic obligations as the plaintiff’s attorney — blowing past critical deadlines while leaving the defendants’ legal teams in limbo. From February to May, reminders and requests for updates from opposing counsel languished in Israel’s inbox.

Finally, on May 2, the defendants’ lawyers filed a damning Joint Status Report, meticulously detailing the entire saga. Just 35 minutes later, Goldberg issued a straightforward rebuke: “The within action is dismissed without prejudice for failure to prosecute.”

In civil litigation, the burden lies squarely on plaintiffs to diligently prosecute their cases without undue delay. If not, judges have discretion to dismiss. Anderson and his attorney faltered at every turn.

“This case was dismissed early on, the lawyer filed an appeal that he never bothered to show up to argue for,” said Igor Raykin, attorney for Fleming. “Tay now owes tens of thousands of dollars to Black Lives Matter due to filing a frivolous case, and now the case has been dismissed for a second time.”

“This has been amateur hour right from the start,” Raykin added.

Reached by email, Anderson was terse in reply: “Jimmy, you’re not a real reporter. If the Denver Gazette wants a comment they know how to real (sic) me. I will not be providing you sht.”

Emails sent to both addresses on Israel’s law firm website bounced back.

Admitted to the bar in December 2019, Issa Israel’s past includes a misdemeanor weapons plea and numerous traffic violations, mostly in Florida. These days, he flouts Colorado Supreme Court Rule 227 — failing to disclose whether he has professional liability insurance.

Does Israel secretly lack coverage? If so, Anderson’s decision to entrust his case to Israel could cost Anderson the ability to collect on a potential malpractice claim.

Let’s be clear: Auon’tai Anderson’s defamation saga serves as a stark reminder of his countless personal and professional controversies. These episodes reveal a perennial lack of character and good judgment, rendering him abysmally unfit for any educational role. Yet, last summer, Anderson briefly sought an exception to the district’s conflict-of-interest policy so he could take a DPS job while still on the school board.

Now off the board, and despite his sordid history, Anderson pulls a paycheck as “a current district educator.” Multiple sources confirm he is presently a substitute teacher at Lake Middle School. According to Anderson’s website, the school’s principal, Amanda McDonald, and her husband Lacy endorsed his defunct campaign for the State House.

Meanwhile, the NAACP’s Denver branch lists Anderson among seven panelists at an upcoming event this Saturday on “the state of education for Black students and leaders.” Has anybody learned anything?

Alas, with each questionable element — from Tay Anderson’s choices to the institutions that enable him — we must ask, will anyone ever learn?

Jimmy Sengenberger is an investigative journalist, public speaker, and longtime local talk-radio host. Reach Jimmy online at Jimmysengenberger.com or on X (formerly Twitter) @SengCenter.