Written by Liz Holland
PRINCESS ANNE — Troy Durham, a Somerset County deputy who was fired in 2008 and had waged a legal battle against Sheriff Robert N. Jones ever since, is expected to return to his former job on Monday.
“I’m assuming that’s the case,” he said. “I’m waiting for some calls today.”
Durham’s attorney, Howard Hoffman, said Jones is forcing Durham to reapply for his position
“We believe that such a position leaves Troy vulnerable as a matter of public safety, and that this is more of an obvious and transparent effort to delay and harm Troy’s right to serve as a sworn law enforcement officer,” Hoffman said in an email. “The Court of Special Appeals did not condition Troy’s return on any tests, and we believe that the sheriff can do more if he respected the court’s order of reinstatement.”
Kirk Simpkins, the county’s attorney, said he was not at liberty to discuss the case, which is considered a confidential personnel matter. “I can’t confirm or deny,” he said.
Attorneys for Jones did not return phone calls Friday.
Earlier this week, a federal judge denied Jones’ request for a new trial, and also ordered him to pay $128,000 for Durham’s legal fees.
Last month, Durham won his appeal to Maryland’s Court of Special Appeals which agreed his termination by the county was arbitrary and capricious.
The court overturned a 2010 Circuit Court ruling by Judge W. Newton Jackson III that there was not enough evidence to support Durham’s claims of wrongful termination.
The court’s reversal was the second victory for Durham. In May, he was awarded more than $1 million after a federal jury found he had been denied his First Amendment rights.
Since then, Durham’s attorney has successfully had Jones’ wages garnished and has seized a bank account.
The former deputy has fought a legal battle against the Sheriff’s Office since 2008 when he filed a grievance alleging internal corruption and accusing co-workers of forcing him to change a police report.
In his lawsuit, Durham alleged he was ordered to alter a police report, but refused. He said he was threatened with his job and relented, but later filed a grievance with the Somerset County Commissioners.
Five days later, Durham was placed on administrative leave and was told his grievance was being investigated by Jones.
Durham was eventually terminated, and has alleged Jones, fired him in retaliation.
The Durham lawsuit was not the first time Jones faced controversy.
In 2009, Jones was investigated after a Princess Anne woman claimed he had deliberately backed into her with his unmarked cruiser while intoxicated in a parking lot in front of her apartment.
The woman filed a civil peace order, claiming she did not know at the time who he was. Jones said he was conducting surveillance at the time of the incident. The peace order was dismissed, and an investigation by the Maryland Attorney General’s Office was later closed for lack of evidence.
Source:
No comments:
Post a Comment