The Associated Press

FRANKFORT - Attorneys for Gov. Paul Patton on Monday asked a judge to dismiss the remainder of Tina Conner's lawsuit, which charges him with defamation, outrageous conduct and inflicting emotional distress.

Franklin County Circuit Judge Roger Crittenden last week dismissed Ms. Conner's claims that state government should be liable for damages she said she suffered when Mr. Patton turned regulators loose on her nursing home after she broke off their sexual affair.

Mr. Patton's attorneys argue as governor he is immune from lawsuits for his official actions, even if they seem to bear little relationship to his job. To that extent, Mr. Patton's lawyers repeatedly compared his immunity to that of the president.

For example, Mr. Patton cannot be sued even if he did order the Cabinet for Health Services to inspect Birchtree Healthcare, Conner's Clinton nursing home, because that is part of his job, the motion argued.

Ms. Conner's suit claims that Mr. Patton inflicted emotional distress because he kept calling her for sexual favors after their relationship ended. The motion said courts have ruled that asking for sex does not rise to the level of outrageous behavior.

Finally, the motion said Mr. Patton did not defame Ms. Conner when he characterized her pending lawsuit as a "desperate" act. Defendants in lawsuits, even if they have not been officially filed yet, are allowed wide latitude in commenting on the suits, the motion said.

Ms. Conner's lawyer has an opportunity to respond to the motion.