Judge dismisses one of two claims in chief county clerk’s suit against county commissioner
A federal judge has dismissed Fayette County from the lawsuit filed against the county’s chief clerk and has also dismissed one claim against the county commissioner named in the suit, leaving two other claims to proceed.
Last week, U.S. District Judge Arthur J. Schwab dismissed a claim that Commissioner Angela M. Zimmerlink defamed Amy Revak and violated the clerk’s due process rights by posting statements about Revak online, some as comments on the Herald-Standard’s website.
However, the judge denied a motion to dismiss the claim that Zimmerlink’s statements were defamatory. Her attorney, Jennifer McPeak, contended that Zimmerlink was a public official and immune from that claim. Schwab also denied the motion to dismiss the claim against Zimmerlink on the grounds that Revak’s freedom of speech rights were violated by Zimmerlink’s published statements.
In an August complaint filed by attorney Joel Sansone, Revak alleged that Zimmerlink created a hostile work environment during her employment with the county. The suit alleged Zimmerlink did so because she believed Revak was a political ally of former commissioner Al Ambrosini, with whom Zimmerlink had opposing views.
Schwab’s opinion also granted the motion filed by the county through attorney Suzanne B. Merrick requesting all claims against the county be dismissed.
In Merrick’s motion, she wrote that a municipality is not liable for employing someone who violates a person’s civil rights, adding that a municipality is only liable when a policy is in place that leads to a violation.
Schwab’s opinion stated that the claims of the alleged libel and First Amendment violations against Revak will proceed with an mediation session scheduled for Jan. 16.