Fired sheriff’s employee to get day in court

(Courtesy Rexburg Standard Journal)

REXBURG — A former Madison County Sheriff’s deputy will get his day in court.

Travis Williams, who was fired in July 2012 from his job with the sheriff’s office, filed a federal lawsuit against Madison County and that suit is now moving forward. Judge Edward Lodge ruled recently that a trial will proceed later this year. The trial will begin Sept. 29 at the federal courthouse in Pocatello.

After several hearings over the last year, it has been ruled that Williams can proceed on four counts he alleges against Madison County. Those counts include:

• Violation of substantive due process
• Procedural due process
• Free speech claims
• Emotional distress

Counts of whistleblower claims and breach of contract were dismissed by the court. According to the amended complaint field in U.S. District Court, Williams began working for the sheriff’s office in 1995. He was eventually appointed to captain.

The complaint states that on Aug. 2, 2010, sheriff’s office Detective Nathan Kerbs “was involved in a situation” in Jefferson County “wherein he had some interaction with local law enforcement. At the time of the incident Detective Kerbs was off duty.” It states that after the incident, a member of the Rigby Police Department told Williams there was an incident involving Kerbs. Williams then reported it to Chief Deputy Ryan Kaufman. The complaint says that Williams then volunteered to “compile reports” about the incident “and did so with the chief deputy’s knowledge.”

Williams says in the complaint that on Aug. 17, 2010, he reviewed the information and was told by Kaufman to “write it up.” Williams then drafted a memorandum at the request of Kaufman, the complaint states, which “specifically” found that “Kerbs did not make any misrepresentations related to his interaction with the Rigby City Police.”

However, the complaint states that Kerbs was then fired by the county. Just over a week later, Williams received a “notice of suspension with pay pending investigation” from Madison County Sheriff Roy Klingler. Klingler cited five conduct violations against Williams.

In September 2010, a hearing was held about the termination notice. At the hearing were Klingler, Kaufman, Madison County Prosecuting Attorney Sid Brown and assistant prosecuting attorney Troy Evans.

“The county had not explained the basis of the termination except for to refer to various policy sections,” Williams said in his lawsuit.

The suit claims that during the hearing, Williams discussed some issues he was having with anxiety. He said a little over a month earlier, he had “disclosed to his supervisors he was suffering from debilitating anxiety attacks and was seeking medical attention.”

About a week after that, Williams said he met with the sheriff and told him he was considering taking a month off “to rehabilitate himself. Just three days later he received the notice he was being placed on administrative leave.” On Nov. 10, 2010, Williams said he was given the decision by Klingler.

“The sheriff found that the plaintiff failed to adequately report the incident involving Detective Kerbs, failed to adequately act as a supervisor and caused disruption in the workplace,” the lawsuit states. It further states that Klingler “stripped the plaintiff of the rank he had earned, cut his pay and placed him on probation.”

Williams claims he was not provided with any specific information related to his policy violations “or more specifically the reason(s) for his demotion.”Williams claims he was never given a formal interview and believes that amounts to a violation of policy. He also claims that in the months following his demotion, he was “subject to a hostile work environment.”

In May 2012, Williams received a “notice of decision personnel action-termination,” from the sheriff. The lawsuit states Williams disputed every claim in the termination notice.

“The plaintiff alleges that the allegations contained in the most recent disciplinary documents were largely manufactured in an effort to terminate the plaintiff’s employment because of his insistence that he be afforded certain legal rights and opportunities.”

On July 27, 2012, Williams was fired from the sheriff’s office. Williams claims that Madison County “failed to follow its own policies and procedures regarding his termination and failed to recognize the plaintiff’s constitutional rights to be afforded due process in his employment.”

In the lawsuit, Williams is asking the following:

• For an award of compensatory damages sufficient to compensate plaintiff for back-pay as a result of having lost his position with Madison County, the exact amount which has not yet been determined but which will be proven at trial.
• For general emotional damages in an amount to be provided at trial.
• For interest, costs and attorney fees
• For such other and further relief as the court deems just and equitable in the premises.

Attorney DeAnne Casperson of Idaho Falls is representing Williams in the case. She declined to comment about the matter. Attorney Blake Hall of Idaho Falls is representing Madison County on behalf of the Idaho Counties Risk Management Program. A call was made to Hall, he did return the call but could not be reached before press time when he was called back.

The following article was written by Reporter Greg Little and first appeared in the Upper Valley Standard Journal in Rexburg. It is used here with permission. The original article is available here.