Wednesday, December 15, 2010
Judge Dismisses Part Of Election Lawsuit
A federal judge says monetary damages will not be a part of the resolution to a lawsuit, which claims that the Republican members of the Putnam County Election Commission -- and other election commissions statewide -- unfairly dismissed their administrators because of party affiliation. Judge Thomas Wiseman says that election commission members are state officials, and -- as such -- are not allowed to be sued for monetary damages in their official capacities. He also ruled that the commissioners could not be sued as individuals because they are covered by what's called "qualified immunity." However, the judge said other issues must still be decided in the lawsuit -- including whether those administrators who were let go should get their jobs back. Meanwhile, a second lawsuit which seeks to determine whether the state or the county will be paying for the defense of the federal suit is scheduled to be heard in Putnam County Chancery Court next month.