Former councilman taking fight over police job to Kentucky Supreme Court

By JIM BROOKS
Nelson County Gazette

Tuesday, Aug. 23, 2011, 6 p.m. – Bardstown businessman John Royalty, a former city councilman and candidate for mayor, is taking his dispute with the City of Bardstown, its police department and former mayor to the Kentucky Supreme Court.

JOHN ROYALTY

In 1998, Royalty — then a city police officer — was removed from his job by Mayor Harry Spalding in the wake of a shooting incident that happened earlier that year. Royalty filed a lawsuit to contest the loss of his police job, and the lawsuit was in Nelson Circuit Court until last year.

On June 24, 2010, Nelson Circuit Judge John David “Jack” Seay dismissed Royalty’s lawsuit and granted a motion for summary judgment for the defendants — the city, former mayor Spalding and the police department. In July 2010, Royalty appealed that ruling to the Kentucky Court of Appeals. The appeals court ruling on July 8, 2011 affirmed Judge Seay’s ruling in Nelson Circuit Court.

On Aug. 5, 2011, Royalty’s attorneys filed a motion to have the case reviewed by the Kentucky Supreme Court.

Royalty declined to comment for this story.

STATEMENTS QUESTIONED. Royalty’s legal action regarding his police job became an issue in his bid last year for the office of mayor after news media questioned the statements he made about the status of his lawsuit.

Several weeks after Royalty’s lawsuit was dismissed in Nelson Circuit Court he was interviewed by a Kentucky Standard reporter regarding his candidacy for mayor. In the story the paper published, Royalty claimed his lawsuit against the city had been settled “sometime in the past six years and is no more.”

Royalty’s candidate story was published the week of July 19, 2010 – just days before his attorneys filed notice that Royalty intended to appeal Judge Seay’s ruling to the Kentucky Court of Appeals.

When asked about his statements to the newspaper, Royalty told the Nelson County Gazette he considered the lawsuit settled at the time he talked to the reporter, adding that  he was pursuing his Constitutional right for due process.

“It is any person’s right, if they feel their rights have been violated, to pursue their rights under the 14^th Amendment,” he said. “I would support anyone who felt their rights were violated.”

Royalty said he contacted Standard editor Lisa Tolliver and informed her of his decision to file the appeal, and noted that she apparently did not believe his disclosure was worthy of a news story.

After the Gazette published its story about the lawsuit on Oct. 22, 2010, the newspaper subsequently published its own story about the lawsuit and Royalty’s statements regarding its status.

In the November 2010 race for mayor, Royalty lost the four-way race to fellow councilman Bill Sheckles by about 150 votes.

RELATED DOCUMENTS

• June 24, 2010: Summary Judgment by Judge John D. “Jack” Seay
• July 19, 2010: John Royalty’s candidacy newspaper story in Ky. Standard
• July 23, 2010: Notice of Appeal of Seay’s ruling
• Oct. 22, 2010: Gazette’s story on Royalty lawsuit status
• Oct. 29, 2010: Ky. Standard story on Royalty lawsuit status
• Aug. 23, 2011: Ky. Supreme Court docket

THE INCIDENT. On May 24, 1998, Royalty was dispatched for debris reported in the roadway. While Royalty was directing traffic, a vehicle struck the debris and pulled over. Royalty approached the vehicle and asked the driver to exit. The driver opened the door, put the vehicle in reverse and began backing up, knocking Royalty to the ground. He was dragged some 50 feet but was able to get his weapon free and fire a shot that struck the driver.

After being dragged, Royalty was thrown free of the car and landed on his knees. He then fired two additional shots at the vehicle that did not strike any of the occupants.

After a review of the incident, Mayor Harry Spalding’s determined that Royalty’s second and third shots violated the department’s policy on the use of deadly force, and Royalty was removed from his job as a city police officer. Royalty later filed a lawsuit to contest his removal.

The original lawsuit demanded that Royalty be reinstated as an officer and awarded “all other legal and equitable relief,” which could include benefits, back pay and other relief.

According to the Kentucky Supreme Court website, a hearing date for Royalty’s case has not yet been scheduled. His case was given number 2011-SC-000445.

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