BREAKING NEWS: Employees fired after election sue O’Donnell

Local News

July 8, 2010

By Ronica Shannon Register News Writer The Richmond Register Thu Jul 08, 2010, 05:47 PM EDT

RICHMOND — Four former employees of the Madison County Sheriff’s Office fired in May filed suit Thursday in federal court against Sheriff Nelson O’Donnell.

The suit, filed electronically by J.T. Gilbert of Coy, Gilbert & Gilbert and Vanessa Cantley of the Louisville firm Bahe Cook Cantley & Jones, lists Evelyn M. Thomas, Derek A. Thomas, Nolan Winkler and Randolph C. Worley as plaintiffs.

O’Donnell is being sued individually and in his official capacity as Madison County Sheriff.

All four plaintiffs sought Gilbert’s counsel shortly after being fired.

Evelyn and Derek Thomas both served as deputy sheriffs and Winkler and Worley served as court security officers. All four were terminated May 19, and are seeking reinstatement, back pay and other damages “... for alleged violations of federal and state law as well as federal and state constitutional violations,” according to a statement issued Thursday by Gilbert and Cantley.

The four also are asking for lost benefits and insurance coverage, including health insurance coverage, both past and future, retirement benefits and other miscellaneous benefits.

“They also allege that O’Donnell violated the Fair Labor Standards Act and state wage and hour laws by not compensating them for accrued compensatory time when they were terminated,” the statement reads.

Comments from O’Donnell also are mentioned in the statement by Cantley.

“In a speech to his employees following the terminations, O’Donnell denied any wrongdoing but states that the Madison County Sheriff’s Office is a ‘political office’ and warned employees ‘you are going to be loyal to this office ... and if you are not, you are not going to be here.’ I think it is pretty clear from O’Donnell’s own words exactly why my clients were terminated,” the statement reads.

The 12-page lawsuit claims that “... plaintiffs have never been informed of, nor was there any other cause for their dismissal other than their political patronage concerning the 2010 elections. The actions ... were illegal and improper ... .”

The suit claims that O’Donnell’s actions in firing the four employees was “wrongful” and refers to it as “unlawful discharge.”

O’Donnell’s actions caused the plaintiffs to suffer “ ... embarrassment, humiliation, emotional distress, pain, damage to their reputations, lost wages in the past and future and impairment of their ability to earn money now and in the future,” according to the lawsuit.

It also claims that his actions “... were intentional, and designed solely to be malicious, vindictive, to punish the plaintiffs for their political beliefs and/or political support concerning the sheriff’s department, and to cause emotional distress to the plaintiffs.”

O’Donnell admitted after the firings that there was a political aspect to the matter, but not that the employees were fired because they did not support his campaign for re-election.

“I had three political races running out of my office,” he said in a May interview. “After the race, the bitterness was such that I had to lay three people off so that my office could function with some level of normalcy.”

The lawsuit asks for a trial by jury, the compensatory damages listed above, punitive damages in an amount to be determined at trial, liquidated damages provided for under law, all costs incurred herein, all interest available under law on the above sums from the date of the plaintiffs’ injuries until paid and for any and all other relief to which the plaintiffs may be justly entitled.

O’Donnell said Thursday afternoon that he was not aware of any civil litigation filed against him, and declined to comment further.

Ronica Shannon can be reached at rshannon@richmondregister.com or 624-6608.

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