Fairview lawsuits: DA, city case heads to trial; others dismissed, settled
Chris GaddMany of the various lawsuits the City of Fairview is facing — mostly focused on the police department under previous leadership — are nearing closure, according to the city administrator.
One of those lawsuits, which also involves Williamson County District Attorney Kim Helper, is scheduled for court in the coming months.
The Stockdale/Dunning lawsuit versus Fairview and Helper is currently scheduled to go to trial Dec. 3.
Two former Fairview police lieutenants, Pat Stockdale and Shane Dunning, filed their complaint in 2017, after originally settling with the city following a July 2016 lawsuit when they were placed on administrative leave. The complaint alleges that Helper failed to properly investigate misconduct within the department and then intervened in city business, declaring an impairment against the plaintiffs that resulted in their termination in October 2016.
The plaintiffs say the city allowed certain practices which created a conflict of interest and “degraded the chain of command.”
The suit alleges Helper “intentionally and maliciously” ruined Stockdale and Dunning’s career.
In a “statement of facts” court document filed by the plaintiffs in February this year, Stockdale and Dunning state that Fairview Board of Commissioners “expressed resentment” about the original lawsuit being settled. The document also states that the “commission was disheartened by the entire process and the fact the plaintiffs were being brought back to work.”
The document also states that Helper “did not like the fact the plaintiffs had settled their case and were returning to work...”
Dismissed, settled
According to City Administrator Scott Collins, two of the lawsuits have been dismissed.
Matthew Howell’s lawsuit against the city was dismissed. Howell had alleged a wrongful arrest for an incident that took place in 2012 and an alleged missed court appearance in the following years.
Also dismissed was Gerald Conner’s lawsuit against the city alleging age discrimination when he was not hired as police chief.
In June this year, the Phil Jarosz versus Fairview lawsuit was settled. Jarosz had alleged the city terminated him because of disability.
Pending lawsuits
Collins believes that lawsuits from David Bohler and Lisa Anderson will be resolved in the next few months.
David Bohler v. City
In the Bohler versus Fairview lawsuit, Bohler, a former Fairview Police Department detective, in 2016 filed a lawsuit alleging he “fell out of favor with both the police department and various city officials” which resulted in false allegations made against him and retaliatory harassment that resulted in his leaving the department.
Bohler alleges he was “forced out” by Collins in an act of retaliation. He also filed complaints in the city chain of command, claiming false allegations were made about him by Dunning, Stockdale and Sgt. Joseph Cox during a six-month investigation into the police department.
Lisa Anderson v. City and Terry Amonette v. City
In the Lisa Anderson vs. Fairview lawsuit, she alleges sexual orientation discrimination.
Collins also noted that the lawsuit filed by former police officer Terry Amonette for allegedly sharing his private medical information is also pending.
This lawsuit stems from Collins and Fairview Police Chief Zack Humphreys allegedly publicly identifying his medical issues during a public event in which they provided citizens with an update on the various lawsuits.
Donald Norman v. City and David Wilbert v. City
The separate lawsuits against Fairview filed by Donald Norman and David Wilbert are both connected to personal injury and property damage resulting from a 2016 car accident with a former officer, according to court documents. Both of those lawsuits continue to be pending, Collins said.
The former officer was indicted for the wreck in which the vehicle he was driving while on patrol struck a Fairview High School student who was pushing a disabled vehicle off the roadway, according to records. The teen sustained life-threatening injuries and another teen who was steering the car and her father were also injured in the wreck, according to court documents.
Litigation cost
Collins said in the last few fiscal years, the city has spent about $75,000 in insurance premiums related to the cases.
He also said the city recently increased its aggregate insurance coverage to $3 million for litigation to be prepared if more lawsuits or settlements were realized this fiscal year. Originally the city was insured up to $2 million.
In early 2018, the city received a warning letter from TML Risk Management Pool, which provides insurance to many state municipalities. The letter stated that the city was closing in on its maximum coverage, which was then $2 million.
At that time in early 2018, Collins said “Since April of last year, the insurance has paid, on behalf of the city, basically $1.5 million in cost. That is attorney fees, everything that has gone on for every case that we’ve had…We have about $500,000 left available that they can pay on our behalf.”