A Natrona County judge Wednesday denied a former Wyoming state senator’s motion to dismiss a lawsuit against him by U.S. House candidate and Casper businessman Reid Rasner.
Judge Kerri Johnson told defendant Austin Jennings that under the Wyoming Rules of Civil Procedure the legal rule cited in his motion to dismiss was a “drastic remedy”, and that under Wyoming civil law rules the court is required to look at the facts supplied by the plaintiff as “true.”
Johnson noted that the allegations from Jennings that Rasner committed “serious sexual misconduct” would fall under the law for defamation. She said that given Rasner’s political and business standings, if facts presented in the case were taken as true it would mean he has lost business and political support for his House race.
Arguments that Rasner has suffered emotional distress and that there was a conspiracy against him by Jennings and former State Sen. Anthony Bouchard as outlined in Rasner’s suit also had to be considered “true” under civil procedure, Johnson ruled.
“The court would deny Mr. Jennings’ motion to dismiss,” she said.
Johnson directed Jennings to have an answer to Rasner’s complaint filed by July 31.
Before Johnson’s ruling, Jennings told the court that his motion to dismiss under Rule 12(b)(6) was made because there was “not sufficient facts” provided in the suit by Rasner that prove he posted statements on social medial against Rasner, was part of a conspiracy or defamed Rasner. The rule Jennings cited lets court dismiss cases where the claims don't line up with the laws the plaintiff has invoked.
Jennings' written argument was that Rasner’s suit “to survive dismissal … must contain sufficient factual matter to state a claim that is plausible on the face.
“Mere speculation, conclusory statements, and unsupported allegations are insufficient to establish a plausible claim for relief.”
Protected By Privilege
In his motion to dismiss, Jennings wrote that statements he made as part of an affidavit in the lawsuit Rasner has against Bourchard are “protected by the judicial-proceeding privilege.”
“I request dismissal,” Jennings told the court Wednesday.
Rasner attorney John C. Matthews told the court his client had provided specific statements in his filing that fit defamation. He cited a paragraph where Jennings is alleged to have used a pseudonymous social media profile on Nov. 16, 2025.
“They allege the defendant has engaged in sexual acts with children,” Matthews said.
He argued that statements made by Jennings before his affidavit in the Bourchard lawsuit were not protected.
Matthews told the court allegations of Rasner’s actions while at Casper College are not substantiated by any college records or reports to the Casper Police Department.
“It’s harmed his business,” Matthews said. “It’s hurt him in the polls.”
In a Sept. 6, 2023, cease-and-desist letter sent to Jennings, Rasner claims that Jenning’s statements against him have cost him professionally, and that those losses may surpass $1 million.
The $1 million amount was not discussed during Wednesday’s hearing, and Rasner’s team later told Cowboy State Daily that the amount is “nowhere in any of the official court filings.”
However, the cease-and-desist letter is referenced on page 6 of Rasner’s Feb. 6, 2026, lawsuit.
According to Rasner’s complaint, Jennings since 2010 has continued to make “knowingly false and highly salacious allegations” against him and that Jennings made statements using false names or directed others to make statements using false names.
“Whisper Campaign”
Rasner’s suit charges Jennings started a “whisper campaign” against him as he ran for the U.S. Senate seat against Wyoming Sen. John Barrasso and that the effort “continues to this day.”
The Jennings affidavit cited in Rasner’s suit states that in 2010 Jennings told Bouchard that while Rasner worked at Casper College he had been involved in a sexual misconduct incident in the college’s drama department.
Rasner alleges that Jennings stated a complaint had been filed with the college and the college never followed up on it.
“Defendant Jennings knew the statements were untrue each time he made an allegation against Mr. Rasner,” Rasner’s complaint states.
Rasner’s filing states a subpoena to Casper College for the complaint filed by Jennings produced no documents. His complaint asks for damages, plus punitive and exemplary damages.
Jennings, Matthews and others representing Rasner all appeared via the official court web link for the hearing.
Rasner wasn’t on the web link at the start of the hearing, prompting Judge Johnson to ask if he was joining the hearing, to which a member of his team answered that he might.
After this story was published, Rasner’s team confirmed that he was on the official web link with his attorneys.
Editor’s note: This story has been updated to clarify that the potential $1 million in losses was mentioned on page 6 of Rasner’s Feb. 6, 2026, lawsuit in reference to a 2023 cease-and-desist letter sent to Jennings, not a claim in the lawsuit. It also clarifies that the $1 million figure was not mentioned during Wednesday’s hearing.
It also clarifies that while Rasner wasn’t on the official web link at the beginning of the hearing, his team says he did attend the hearing virtually with his attorneys.
Dale Killingbeck can be reached at dale@cowboystatedaily.com.
