Judge sets trial date, orders mediation in fired officer’s lawsuit against city
NC GAZETTE / WBRT RADIO
Wednesday, Jan. 18, 2017, 3:3o p.m. — The judge overseeing former Bardstown Police officer Tom Roby’s wrongful termination lawsuit against the City of Bardstown is giving both parties an opportunity to enter mediation.
Nelson Circuit Judge Charles Simms entered a mediation feasibility order Wednesday to determine if either party in the lawsuit has an objection to mediation.
Simms also set a trial date to hear the lawsuit — Aug. 28, 2017, with an Aug. 18, 2017 pretrial conference. The order requires all discovery and all documents in the case to be filed with the court by an Aug. 11 deadline.
Sparks said the mediation order was to insure both sides have tried in good faith to reach an agreement before the case goes to trial. He said he and his client intend to attend the ordered mediation
The lawsuit stems from Roby’s demotion in April as part of Mayor John Royalty’s restructuring of the city police department, and Roby’s subsequent firing on May 31, 2016, on allegations Roby destroyed official police documents while cleaning out his desk and files prior to pending retirement.
Roby’s attorney, Keith Sparks said in June 2016 that Roby was simply doing what his chief had authorized him to do — clean out his desk. Sparks said the allegations are connected to an “old political vendetta” that goes back to the days when Roby and Royalty were both Bardstown Police officers at the time Royalty was fired for violating the department’s policy on excess force.