A Clackamas county judge handed down a partial victory for Jim Filipetti, the man who nursed a baby deer back to health then kept it as a backyard pet named Snowball.

KGW photo

Snowball, the pet deer.

Filipetti’s lawyer, Geordie Duckler, sued the Oregon Department of Fish and Wildlife for defamation, claiming they unfairly labeled Filipetti a criminal when in fact he was never charged with a crime.

Lawyers for the state asked that the lawsuit be thrown out, but today Judge Pro Tem, Henry Breithaupt refused.

Duckler said the ruling means the case can now go to trial. It’s set for August 12th in Clackamas County.

Also: Snowball expected to go to Wildlife Safari

Background: Snowball fight erupts between state, family

A spokesman for the Oregon Department of Justice said they are looking forward to the trial.

“We are pleased 3 of the 4 claims in this case have been dismissed,” said spokesman Jake Weigler.

“There are questions about this final defamation accusation that need to be determined by a jury. We look forward to proceeding with that litigation,” said Weigler.

Duckler said he too is looking forward to arguing his case in front of a jury.

First they take away his deer and then call him a crook. They cant do either and so far they’ve succeeded at doing neither,” said Duckler.

A separate case, involving whether Filipetti can keep the deer, will be argued in front of the Oregon Court of Appeals September 23rd at Century High School in Hillsboro at 9am.