Pubdate: Thu, 07 Feb 2002
Source: Fayetteville Observer-Times (NC)
Copyright: 2002 Fayetteville Observer-Times
Contact:  http://www.fayettevillenc.com/foto/
Details: http://www.mapinc.org/media/150
Author: Missy Stoddard

SUIT AGAINST SHERIFF ASSAILED

County Attorney Grainger Barrett says that former sheriff's deputy Clarence 
Hall does not have sufficient grounds to sue the county.

On Jan. 25, Barrett filed a response to a lawsuit Hall filed in federal 
court in December. Hall is suing the Cumberland County Sheriff's Office, 
Sheriff Moose Butler, former chief detective Ray Davis and Maj. Van Parker, 
who heads the internal investigations department.

In his suit, Hall says he was subjected to harassment, a hostile work 
environment and "dissolute supervision" during his employment as a juvenile 
detective.

In his response, Barrett cites numerous reasons why the case should be 
dismissed.

Among them are that Hall failed to exhaust administrative remedies before 
filing his lawsuit; the allegations in Hall's lawsuit are different from 
those he filed in his Equal Employment Opportunity complaint; the statute 
of limitations has already passed; and that Butler and Parker are protected 
by sovereign immunity.

Barrett also asks that Hall be required to pay the county's attorney fees 
in defending the action.

Refusing Drug Test

In May, Hall was notified that he would be fired for refusing to take a 
drug test while applying for workers' compensation on Dec. 22. He said he 
was filing the claim as a result of job-related stress. He had been 
battling depression, anxiety, loss of sleep and loss of appetite, he said.

Hall said he refused to take the drug test because it was not required by 
law since he did not have an accident or work-related injury.

Barrett has said the county requires employees filing for workers' 
compensation to submit to a drug test.

Hall said he believes he was fired for filing a written complaint on Nov. 
20, 2000, in which he said he felt harassed by his supervisors and was the 
victim of office politics. He also wrote that Davis had intimidated him and 
that he saw Davis sexually harass former Lt. Deborah Crain.

Last January, Butler fired Davis after several women employees accused him 
of sexual harassment. Davis has denied the allegations. At the same time 
Davis was fired, Butler also fired Deborah Koenig, his legal adviser. 
Koenig was the first person to come forward alleging sexual harassment by 
Davis.

Crain and Sgt. Dawn Hamerla also made the allegation. Crain retired on Nov. 
1, citing medical reasons. Hamerla still works in the Sheriff's Office.

In December, the Equal Employment Opportunity Commission dismissed all but 
one of the harassment and retaliation charges filed by the women.

Although the EEOC concluded that the Sheriff's Office did not violate any 
statutes, the complainants have 90 days to file lawsuits.

EEOC Ruling Pending

The EEOC still has not issued a ruling in Koenig's case. Barrett said he 
expects to receive a ruling soon.

In July, the EEOC dismissed Hall's allegations, but gave him a right-to-sue 
letter.

Hall, who had been representing himself, said Wednesday that he has hired 
Raleigh lawyer Robert Willis to represent him.

"I'm looking and praying for the day it will go to court," he said.
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