A “far from overwhelming” pro se whistleblower complaint lodged by a healthcare worker in the state prison system will proceed, largely because the attorney general’s bare-bones summary judgment motion fell flat with a federal judge.

Western District Judge David Larimer (See Profile) said the state “utterly failed” to show that the plaintiff’s case was meritless, and rejected its motion for summary judgment in Murray v. Coleman, 08-cv-6383.