Louisville stuck with $1.2 million ‘sexting’ verdict after error

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.