Metro Louisville has shed its possibility to enchantment a $1.2 million verdict in a “sexting” case against the police section since the Jefferson County Attorney’s business unsuccessful to file detect 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 properly look into and willpower yet another lieutenant who despatched her a photograph of a man keeping his genitals.
The Kentucky Court docket of Appeals upheld the verdict April 30, which by rule gave Metro federal government 30 days — to June 1, counting the Memorial Day weekend — to file a movement inquiring the Kentucky Supreme Courtroom to hear the scenario.
County Attorney Mike O’Connell’s business said in a pleading an business supervisor dropped the movement in a FedEx box and it should really have been shipped in time.
But the Supreme Court clerk claimed it wasn’t obtained until June 3, two days late.
O’Connell’s workplace sought an extension, saying it had filed hundreds of timely pleadings by FedEx and the error was brought about by “excusable neglect.”
But Hume’s lawyer, Thomas Clay, stated Kentucky procedures do not allow extensions for motions of discretionary overview. And in a a single-sentence order Aug. 13, the Supreme Court docket unanimously agreed and dismissed the case.
In an e-mail, Jean Porter, a spokeswoman for Fischer, stated he accepts the court’s final decision and referred all other concerns to O’Connell’s business.
First Assistant County Lawyer Ingrid Geiser said in an e mail the place of work routinely sends pleadings by FedEx but that likely ahead filings will be only taken to the staff members of the delivery organization and a receipt will be acquired.
She also mentioned a copy of the movement was emailed to Clay ahead of the deadline so there was “no prejudice to anyone.”
Clay said Hume was delighted with the ruling.
“She is really joyful this journey is now coming to an finish,” he stated.
Professing O’Connell’s business submitted the movement for an extension only for the reason of hold off, Clay is trying to find sanctions of $500 a day from the Metro Govt from the June 1 deadline until Hume is ultimately paid.
As opposed to most defendants, Metro Louisville, as a authorities entity, is not demanded to shell out desire on judgments, Clay explained.
There is no promise the Supreme Court would have decided to listen to the circumstance, 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 mentioned the verdict “shocked the conscious” and was “grossly at odds with the facts” for a “single, non-physical, albeit offensive and unwarranted texted picture.”
The office said that did not represent sexual harassment and noted LMPD suspended Lt. Robert Shadle with no shell out for 20 days for perform unbecoming an officer for sending the text.
Hume alleged in her suit that commanding officers knew or should really have identified of his misconduct and failed to get prompt and proper action.
She also claimed then-Main Steve Conrad assented to a major’s approach to offer with the complaint with only a “firm discussion” with Shadle.
At trial, Clay showed that police officials embraced Shadle’s declare that he meant to textual content the photo to yet another woman, whom he admitted he had never ever satisfied, and didn’t know his mistake till about a week later.
Clay stated the county attorney’s business could easily have ensured its motion was filed in time by sending it by registered mail under the policies, it would have been regarded as filed the working day it was despatched, he stated.
Clay also reported O’Connell’s workplace could have pushed the motion to Frankfort, despite the fact that the office environment mentioned in court papers its regulation clerks simply cannot make this sort of deliveries because of “auto legal responsibility coverage limitations.”
Andrew Wolfson: 502-582-7189 [email protected] Twitter: @adwolfson.
Editor’s observe: A beforehand posted variation of this tale misstated the selection of times late the Kentucky Supreme Court docket obtained Metro Louisville’s motion asking the court docket to hear its charm of the verdict. The appeal was received two times late.