Metro Louisville has missing its opportunity to charm a $1.2 million verdict in a “sexting” situation against the police office simply because the Jefferson County Attorney’s office environment failed to file notice in time.
A Jefferson Circuit Court jury in September 2019 returned the verdict for Louisville Metro Law enforcement Lt. Jill Hume, who accused the section of failing to appropriately examine and self-control one more lieutenant who despatched her a image of a gentleman keeping his genitals.
The Kentucky Courtroom 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 asking the Kentucky Supreme Courtroom to hear the circumstance.
County Attorney Mike O’Connell’s business said in a pleading an business office manager dropped the motion in a FedEx box and it must have been shipped in time.
But the Supreme Courtroom clerk explained it was not received until June 3, two days late.
O’Connell’s business office sought an extension, saying it experienced filed hundreds of timely pleadings by FedEx and the mistake was brought about by “excusable neglect.”
But Hume’s attorney, Thomas Clay, reported Kentucky principles do not allow extensions for motions of discretionary review. And in a a single-sentence purchase 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 questions to O’Connell’s workplace.
Initial Assistant County Legal professional Ingrid Geiser mentioned in an email the workplace routinely sends pleadings by FedEx but that likely forward filings will be only taken to the personnel of the supply enterprise and a receipt will be acquired.
She also pointed out a copy of the motion was emailed to Clay before the deadline so there was “no prejudice to any person.”
Clay stated Hume was pleased with the ruling.
“She is very delighted this journey is now coming to an end,” he explained.
Professing O’Connell’s business office filed the movement for an extension only for the intent of delay, Clay is in search of sanctions of $500 a day in opposition to the Metro Governing administration from the June 1 deadline until Hume is lastly paid.
Compared with most defendants, Metro Louisville, as a federal government entity, is not demanded to pay back fascination on judgments, Clay reported.
There is no assure the Supreme Court would have decided to listen to the scenario, or if it had, that it would have reversed the judgment.
But in a 15-web site motion to throw out the award, O’Connell’s business reported the verdict “shocked the conscious” and was “grossly at odds with the facts” for a “single, non-actual physical, albeit offensive and unwarranted texted picture.”
The office said that did not represent sexual harassment and pointed out LMPD suspended Lt. Robert Shadle without having pay out for 20 days for carry out unbecoming an officer for sending the textual content.
Hume alleged in her suit that commanding officers knew or really should have known of his misconduct and unsuccessful to take prompt and acceptable motion.
She also claimed then-Chief Steve Conrad assented to a major’s system to offer with the criticism with only a “firm discussion” with Shadle.
At demo, Clay showed that police officials embraced Shadle’s assert that he meant to text the photo to a different female, whom he admitted he had hardly ever achieved, and didn’t comprehend his oversight till about a 7 days afterwards.
Clay reported the county attorney’s office could effortlessly have ensured its motion was submitted in time by sending it by registered mail less than the guidelines, it would have been regarded submitted the working day it was despatched, he stated.
Clay also mentioned O’Connell’s business office could have pushed the motion to Frankfort, although the office claimed in court docket papers its law clerks can not make these kinds of deliveries because of “auto legal responsibility insurance coverage constraints.”
Andrew Wolfson: 502-582-7189 [email protected] Twitter: @adwolfson.
Editor’s be aware: A previously released version of this tale misstated the variety of times late the Kentucky Supreme Court docket obtained Metro Louisville’s motion asking the court docket to hear its enchantment of the verdict. The attractiveness was gained two days late.