Metro Louisville has dropped its likelihood to enchantment a $1.2 million verdict in a “sexting” case against the police division mainly because the Jefferson County Attorney’s office environment unsuccessful to file see in time.
A Jefferson Circuit Court jury in September 2019 returned the verdict for Louisville Metro Police Lt. Jill Hume, who accused the department of failing to correctly investigate and self-discipline a further lieutenant who despatched her a photo of a gentleman holding his genitals.
The Kentucky Court of Appeals upheld the verdict April 30, which by rule gave Metro government 30 days — to June 1, counting the Memorial Day weekend — to file a motion asking the Kentucky Supreme Courtroom to listen to the case.
County Lawyer Mike O’Connell’s place of work said in a pleading an place of work manager dropped the motion in a FedEx box and it must have been sent in time.
But the Supreme Court docket clerk explained it was not gained until June 3, two days late.
O’Connell’s business sought an extension, saying it experienced filed hundreds of well timed pleadings by FedEx and the mistake was caused by “excusable neglect.”
But Hume’s lawyer, Thomas Clay, claimed Kentucky policies do not allow extensions for motions of discretionary review. And in a a person-sentence order Aug. 13, the Supreme Courtroom unanimously agreed and dismissed the case.
In an e mail, Jean Porter, a spokeswoman for Fischer, claimed he accepts the court’s determination and referred all other questions to O’Connell’s business.
Very first Assistant County Legal professional Ingrid Geiser stated in an email the workplace routinely sends pleadings by FedEx but that likely forward filings will be only taken to the employees of the shipping firm and a receipt will be attained.
She also mentioned a copy of the motion was emailed to Clay in advance of the deadline so there was “no prejudice to anyone.”
Clay claimed Hume was happy with the ruling.
“She is pretty delighted this journey is now coming to an finish,” he mentioned.
Professing O’Connell’s business office filed the movement for an extension entirely for the intent of delay, Clay is searching for sanctions of $500 a day versus the Metro Government from the June 1 deadline until Hume is at last paid.
As opposed to most defendants, Metro Louisville, as a federal government entity, is not essential to pay fascination on judgments, Clay stated.
There is no ensure the Supreme Court docket would have decided to hear the scenario, or if it had, that it would have reversed the judgment.
But in a 15-page motion to throw out the award, O’Connell’s office environment claimed the verdict “shocked the conscious” and was “grossly at odds with the facts” for a “single, non-bodily, albeit offensive and unwarranted texted picture.”
The office said that did not represent sexual harassment and mentioned LMPD suspended Lt. Robert Shadle without having spend for 20 days for perform unbecoming an officer for sending the text.
Hume alleged in her match that commanding officers realized or really should have acknowledged of his misconduct and failed to choose prompt and proper motion.
She also claimed then-Main Steve Conrad assented to a major’s system to deal with the criticism with only a “firm discussion” with Shadle.
At trial, Clay showed that police officials embraced Shadle’s assert that he intended to textual content the photo to a further lady, whom he admitted he had in no way fulfilled, and did not understand his blunder until eventually about a 7 days later on.
Clay stated the county attorney’s office environment could conveniently have ensured its motion was submitted in time by sending it by registered mail beneath the guidelines, it would have been viewed as filed the day it was despatched, he said.
Clay also mentioned O’Connell’s office could have pushed the motion to Frankfort, even though the office environment said in court papers its legislation clerks cannot make this kind of deliveries because of “auto legal responsibility insurance plan restrictions.”
Andrew Wolfson: 502-582-7189 [email protected] Twitter: @adwolfson.
Editor’s notice: A earlier published edition of this story misstated the selection of times late the Kentucky Supreme Court docket received Metro Louisville’s motion asking the court to listen to its enchantment of the verdict. The enchantment was been given two times late.