Federal judge deciding whether case against Macon filed by former cop will go forward
Lawyers representing the former city of Macon argued in federal court Wednesday, asking a judge to throw out a lawsuit filed by a former police officer who was fired in 2012 after his arrest on an indecent exposure charge that was later dismissed.
If the judge rules that facts -- that can be proven without a jury -- support the city's position, he may grant their motion seeking that the case be thrown out.
Sgt. John Horton, an officer with 15 years on the job, filed his suit against the city in 2013 alleging his rights to due process were violated.
He's seeking reinstatement, back pay and other damages.
The incident that led to Horton's arrest arose from allegations that he exposed his genitals to a woman at Hair & Nail Salon, 4646 Forsyth Road, on April 30, 2012, while his wife was having her "hair done" and in the presence of his children.
He was arrested May 18, 2012, and was suspended for five days without pay pending termination.
Horton appealed the disciplinary action to an administrative law judge who instead recommended on Nov. 20, 2012, that he be suspended pending the outcome of the criminal case against him.
The administrative law judge offered both parties the opportunity to appeal his ruling to the mayor, said Lee Gillis, an attorney representing the city, during Wednesday's hearing in U.S. District Court.
Mayor Robert Reichert reinstated Horton's termination.
Jerry Lumley, one of Horton's lawyers, argued that Macon's guidelines didn't allow for an appeal, the mayor didn't have standing to alter Horton's discipline and the mayor's decision to fire Horton should be voided.
He said there's nothing to show the mayor heard testimony or saw evidence considered by the administrative law judge before making his decision.
The city has contended the mayor reviewed the administrative law judge's decision, arguments from both sides as well as exhibits, according to a legal brief filed in July.
Gillis admitted the city didn't perfectly follow its policies in Horton's case, but he said that "makes zero difference in the court's analysis" of whether to grant the city's motion for summary judgement, ending the case.
He argued that despite Horton's contention that he wasn't provided adequate notice of the reasons for his dismissal, he was given notice multiple times and his rights weren't violated.
Lumley maintained the notices given to Horton weren't detailed enough.
Gillis also argued that Horton hasn't taken advantage of remedies that he could have obtained by arguing his case in front of a Superior Court judge. Although his lawyer filed cases on his behalf in Bibb County Superior Court, he voluntarily dismissed them before a judge issued a ruling.
The city's policies include provisions for an employee charged with a crime to be reinstated if a case is resolved in the employee's favor, Gillis said.
Lumley said Superior Court isn't the appropriate court to reverse the mayor's decision and that the city's policy only applies to employees on suspension, not those who have been terminated.
"You're going to have to get this termination removed for this policy to apply," he said.
The hearing ended without the judge issuing a ruling.
Horton moved out of state after his termination.
His case was prosecuted by an attorney with the Prosecuting Attorney's Council of Georgia after the Bibb County Solicitor's Office disqualified itself from handling the misdemeanor case.
Court records cite Horton's completion of a psychological exam, as part of a pre-trial diversion agreement, as the reason for the criminal case being dismissed.
Information from Telegraph archives was used in this report. To contact writer Amy Leigh Womack, call 744-4398 or find her on Twitter@awomackmacon.
This story was originally published November 18, 2015 at 6:24 PM with the headline "Federal judge deciding whether case against Macon filed by former cop will go forward ."