Warner Robins rejects employee lawsuit’s claims

mstucka@macon.comMay 28, 2014 

WARNER ROBINS -- The city’s answer to an employee’s $500,000 lawsuit denies even Kenny Allen’s claim that criminal charges against him were dropped.

The city’s response, filed last week in Houston County Superior Court, claims immunity for the city as well as for former Public Works Director Joe Musselwhite and for Chuck Shaheen, a former mayor and current councilman. The two men are included in the city’s defense, and the city also denies claims that Musselwhite and Shaheen made comments insinuating that Allen “got away” with committing crimes.

Allen filed the lawsuit April 18, saying the city defamed him and improperly arrested him after an investigation found no evidence to back Musselwhite’s claims that Allen had been stealing fuel from the city. The lawsuit includes the paperwork saying the charges had been dropped, but it contains no documentation to support Allen’s claim that a police investigation found no evidence against Allen.

The city’s answer to the lawsuit denies that Musselwhite ever claimed Allen had been stealing fuel, and that a police investigation found no basis for the claims.

“Defendants acted on the basis of probable cause and reasonable belief based on an investigation by the Warner Robins police with respect to plaintiff,” wrote Thomas F. Richardson and J. Travis Hall, who represent all the defendants.

Richardson and Hall say their clients also may be protected because of the statute of limitations.

Allen’s lawsuit said Musselwhite began investigating him in April 2012, that he was arrested in August of that year and that the charge of theft by taking was dropped in April 2013.

The city is asking for the case to be dismissed and for Allen to bear all legal costs.

To contact writer Mike Stucka, call 744-4251.

The Telegraph is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere in the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

Commenting FAQs | Terms of Service