HOUGHTON — A suit brought against Houghton County Circuit Court Clerk Jennifer Kelly by a subordinate last fall has been dismissed.

The Feb. 24 order, signed by Judge Michael Pope, dismissed Beverly Smith’s complaint against Kelly and Houghton County. The complaint was dismissed with prejudice, meaning it cannot be brought again.

Smith, an employee in the clerk’s office, sued Kelly in Houghton County Circuit Court in October in which she claimed Kelly defamed her in an email to other county officials.

Both parties agreed to the dismissal. No costs or attorney fees were granted to either party.

Smith had sought whistleblower protection, while also suing for defamation and intentional infliction of emotional distress. The suit also alleged Kelly published confidential information, violating state law regarding standards of conduct for officials.

Smith had cited an email in which Kelly described being told in a meeting of an incident the previous year in which Smith had said “that she was going to run me over with her vehicle.” Deputy Equalization Director Jaikob Djerf had said in a follow-up email Kelly mischaracterized the meeting.

Smith also pointed to a December 2019 email sent to other county officials and village clerks in which Kelly said Smith had made threats against her re-election and also negatively discussed the job performance of a clerk employee who had been demoted, according to her complaint.

In an affirmative defense filed eight days before the order, Kelly denied she had made any false or defamatory statements about Smith. The defense also stated the defendants were entitled to immunity, including through MCL 691.1407, which states officials are immune from tort liability if they are acting or reasonably believe to be acting within the scope of their authority.

Smith had also failed to demand a retraction of any false statements, which would be a requirement for exemplary or punitive damages, the affirmative defense stated.

The affirmative defense also called Smith’s amended complaint “vague, ambiguous, incomplete and nonsensical.”

Kelly’s sole comment on the ruling was “I’m glad it’s over.”

Smith attorney Matthew Eliason could not be reached for comment Monday.