Fatcow Icon
Judge: Laurinburg case tricky
by Johnny Woodard
Staff Reporter

“Very unusual” and “tricky” were the words federal judge William Lindsay Osteen Jr. used Thursday to described the ongoing case involving Laurinburg and a man who was nearly sworn in as that city’s police chief.

“These cases … rarely progress this far,” said Osteen, referring to the claims made by former Laurinburg police officer Tommy Wright that the city denied denied him his constitutional right to “occupational liberty” without due process.

According to Osteen, the legal matter at issue is the 14th Amendment right to life, liberty and property and the extension of that right to include “occupational liberty interests.”

Wright’s Raleigh-based attorney, Laura Connor, is seeking to prove that Wright was stigmatized by the city’s handling of his termination in 2007.

The lawsuit alleges that he was wrongfully terminated based on meritless accusations that he paid for sex. Wright is suing the city for paid back wages and claims that the firing ruined his reputation, making it difficult for him to find employment. A three-year investigation into Wright’s misconduct resulted in no prosecution by Scotland County District Attorney Kristy Newton.

Following closing arguments on Thursday, Osteen instructed the jury to reach a decision on the matter based on six “issues.”

Those issues were, in the order that they were to be considered:

— Whether the city made public accusations about Wright.

— Whether the public accusations cast a stigma on Wright’s reputation.

— Whether the accusations were false.

— Whether the accusations were made concurrent (or reasonably so) to Wright’s termination by the city.

— Whether Wright was denied a name clearing hearing.

— Whether the denial of a name clearing hearing was the proximate cause of damages suffered by Wright.

Only after answering all of those issues, instructed Osteen, would the jury choose to address a seventh issue — damages.

According to Osteen, if all of the first six issues were found against the city, then the question of “what damages were suffered?” must be answered.

Damages are to be awarded with the goal of “making (Wright) whole” and might not just be a sum equal to the pay he lost, Osteen said.

After releasing the jury to deliberate, Osteen commended Wright’s counsel as well as that of the city for their work.

“You certainly appear to have been well represented,” said Osteen to Wright. “The city of Laurinburg should feel the same way.”

Osteen also briefly alluded to admonishments directed toward the city that he periodically made throughout the trial, suggesting that the city not let the “overbearing demeanor of a federal judge” make them think that they were not well represented.

“This was a tricky case,” Osteen said.

During deliberations Thursday, the jury returned twice to have questions answered by Osteen.

The jury first asked whether two letters from former City Manager Craig Honeycutt addressed to Wright were a matter of “public record.” Each of the letters addressed a grievance filed by Wright following his termination.

After consulting counsel for both parties, Osteen instructed the jury that the two letters were not public.

The other question sent out by the jury foreman was related to the definition of the term “accusation” as it was used in the judge’s instructions to the jury.

“Can a true statement be considered an accusation?” read the jury’s question to Osteen.

After again consulting counsel, Osteen responded to the jury’s question by reminding them of their duty.

Hesitating to go too far in defining the term, Osteen told the jury that it was “up to you to determine the facts based upon my instructions, whether the defendant made an accusation, like the other issues, is for you to decide.”

“I’m slightly concerned at what that question may imply,” said Osteen after the jury returned to deliberation. Osteen went on to suggest that both counsels be prepared to define the term “accusation” in anticipation of a follow up question by the jury.

That follow up never came and the jury, after being permitted to continue deliberating until 6 p.m. by Osteen, elected to return early on Friday to continue its work.

Osteen initially offered the jury the option to continue until 5:30 p.m. or to conclude work early. A message was returned to Osteen from the jury stating that they had decided to continue past 5:30. In a moment of levity, Osteen remarked “that was not one of the options” and laughter filled the courtroom.

Comments
(0)
Comments-icon Post a Comment
No Comments Yet
Math Teacher of the Year
Elementary Principals, After much deliberation and discussion reviewing the quality nominees rece...
Mar 13, 2013 | 0 0 comments | 10 10 recommendations | email to a friend
full story
GI bride turns 90
On December 27, 2012 Margaret Smith turned 90! Her family and Laurinburg Christian Church family...
Feb 22, 2013 | 0 0 comments | 11 11 recommendations | email to a friend
full story
Scotland High School GEAR UP staff members Brittany Jones (left) and Holly Goodwin lead the “Keep Calm and GEAR UP” rally at Scotland High School earlier this month.
Scots rally for GEAR UP
Scotland High School seniors had the opportunity to celebrate their top-dog status on Friday, Feb...
Feb 20, 2013 | 0 0 comments | 8 8 recommendations | email to a friend
full story
Grief support offered to men
Hospice of Scotland County will host a grief support group for men on Feb. 26 beginning at 6 p.m...
Feb 20, 2013 | 0 0 comments | 3 3 recommendations | email to a friend
full story

News
Indian Education awards given
Scotland County Schools recenlty held its Indian Education Awards program was held in the auditorium at Scotland High School. “It was a wonderful event. We are so proud of our students and their achievements,” said Dr. Lyle Shaw, who oversees the Indian Education program for Scotland County Sc...
May 25, 2013 | 0 0 comments | 2 2 recommendations | email to a friend
full story
UNCP honor scholars named
The University of North Carolina at Pembroke announced Chancellor’s and Honor’s lists for the Spring Semester 2013. Chancellors Honors Students are eligible for the Chancellor’s List if they achieve a minimum semester quality point average of 3.7 while passing at least 12 semester hours ...
May 25, 2013 | 0 0 comments | 3 3 recommendations | email to a friend
full story
Read More News
Sports
Registration open for soccer academy
Registration is now open for the Southeastern Soccer Academy, a four-day camp hosted at the Morgan Complex and lead by several area coaches and a former professional player. The camp will be held from July 8-11. Scotland County Parks and Recreation is sponsoring the event which will be lead by...
May 25, 2013 | 0 0 comments | 2 2 recommendations | email to a friend
full story
Mike Clark, of Laurinburg, stretches to return a ball during his mixed doubles match. Corbin Ensminger | The Laurinburg Exchange.
Tennis tourney a success despite rain
It took a few more days than expected, but the Scotland County tennis center hosted another successful Chris McLean Memorial Tournament. The 13th annual tournament played in honor of Chris McLean,...
May 24, 2013 | 0 0 comments | 1 1 recommendations | email to a friend
full story
Read More Sports
Opinion
Saying thanks
“The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive veterans of earlier wars were treated and appreciated by our nation.” — George Washington Happy Memorial Day! For many, Memorial Day 2...
May 25, 2013 | 0 0 comments | 1 1 recommendations | email to a friend
full story
Letter: Voucher bill flawed
To the editor: Sponsors of House Bill 944, the school voucher bill, proposed certain changes during the bill’s first committee hearing this week. Changes include lowering the income required for eligibility, decreasing the total amount of money awarded, and increasing public accountability. ...
May 24, 2013 | 0 0 comments | 2 2 recommendations | email to a friend
full story
Read More Opinion
Latest Video
Weather
Sponsored By:

RSS Feeds
All articles feed
News feed
Sports feed
Videos feed
Obituaries feed
Opinion feed
Local Features
Mudd_Harper_engagement0_1368731138.jpg
Mudd- Harper engagement
Mr. and Mrs. Archie Anderson Mudd, Jr. of Laurinburg are pleased to announce the engagement of their son Archie Anderson “Andrew” Mudd, III to Crystal Dawn Harper of Fairmont. The bride is the d...
May 19, 2013 | 0 0 comments | 3 3 recommendations | email to a friend
full story
Martial arts school looks to continue winning
Morrison’s Martial Arts Academy is preparing for its upcoming home meet while celebrating awards earned in Myrtle Beach in April. The Karate World Of Mullins Beach Battle Martial Arts Tournament w...
May 16, 2013 | 0 0 comments | 5 5 recommendations | email to a friend
full story
Read More Local Features
Poll
Sponsored By:

Exchange poll
May 14, 2013 | 244519 views | 0 0 comments | 2 2 recommendations | email to a friend | print

The National Transportation Safety Board has recommended lowering the blood-alcohol level for drunk driving from .08, to .05. Do you agree with the proposed change?

View Previous Polls
Special Sections
Living 50 Online
Health Mind and Body