Johnson Lawsuit Update
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Several of you have asked about the status of Leslie
Johnson's lawsuit. Ms. Johnson is the former codes inspector for LC
who was fired back in January.
Ms. Johnson claims her firing was because she tried
to require Lenoir City officials to comply with their own codes in
remodeling the old Suntrust
bank building for the new City Hall. The City claims Ms. Johnson
violated city policy by using her city issued vehicle for personal
reasons.
Back in June, Ms. Johnson filed a lawsuit in federal
court against the city for wrongful termination. She then filed an
Amended Complaint on August 7, 2013. For the time being, this will
be the operative document setting forth her claims and replaces the
Complaint she filed in June.
Here's an update.
After Ms. Johnson filed her Amended Complaint, the
city officials named in the suit, Mayor Tony
Aikens, City Manager Dale
Hurst, and Police Chief/Safety Director Don White filed their
answers to the law suit as
required by law. Included with their answers,
and claiming to be further evidence against Ms. Johnson, was a
CD-ROM that purports to show evidence of two pornographic images
that were allegedly found on Ms. Johnson's city issued cell phone,
which she turned in after her termination.
Ms. Johnson has filed a motion to strike that
evidence claiming, among other things, that the city had no proof
that she had placed the pornographic images on the phone and that,
in fact, the records show that the images were sent to the phone by
a third party. She claims in her Motion that the Defendants'
allegations as to the photographs were only an attempt by the City
officials to embarrass her. The City officials have filed a response
to Ms. Johnson's motion to strike asking the court to allow the
"after-acquired evidence" to stay in. The court may, but is not
required to, request oral argument on the Motion. If it does not,
then it can rule on the Motion at any time prior to trial.
That's where it stands now.
For you real news junkies, below are links to each of
the aforementioned documents.
The parties’ Rule 26(a)(1) disclosures (setting forth pertinent witnesses, exhibits, etc.) are due by September 16. There is a Scheduling Conference set for December 13, 2013, at which time a trial date and other pertinent deadlines will be set. A court date could come within the next twelve to eighteen months after the conference. Amended Complaint (filed by Johnson on 8/7/13) Answer to Amended Complaint by all Defendants (filed on 8/16/13) Motion to Strike Certain Affirmative Defenses Memorandum in Support (filed by Johnson on 8/7/13) Response to Motion to Strike (filed by Defendants on 8/16/13) |
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9/9/13