Saturday, October 15, 2005
Judge dismisses ex-official's defamation case
The former Alleghany County administrator had sued two supervisors and six others.
Rick Hall, the former Alleghany County deputy administrator who was fired in July, hasn't proved that two county supervisors and several residents libeled or slandered him, a judge ruled Tuesday.
Circuit Court Judge Michael Irvine, sitting in Botetourt County, granted a motion for dismissal to plaintiffs in the multimillion-dollar lawsuit, but also gave Hall 21 days to amend his complaint.
The ruling "concluded that Hall failed to state a legal claim against the defendants," said Jim Guynn, attorney for the defendants. His claim wasn't specific enough, Guynn added.
The lawsuit included questions regarding qualified privilege and personal opinion, Guynn said.
Plaintiffs are being sued based on comments they made to elected government officials about an appointed official, Guynn said, questioning what would happen if citizens couldn't complain about county employees to elected officials.
Hall was seeking $5.7 million in damages from Supervisors Sam Wilhelm and Carolyn Barnette; residents Jeanne Jackson, Julie Brackenridge, Joy Putnam and Rebecca Lane, all former employees of the county's general accounting department; George Keller, a member of the county planning commission; and Paige Morgan, a candidate for a seat on the board in the Nov. 8 election.
The lawsuit alleged that the defendants libeled and slandered Hall; damaged his good name and reputation; aggravated pre-existing ill health; caused him emotional distress and the loss of his job, wages and retirement benefits; and humiliated and embarrassed him.
Hall originally sued the five supervisors who fired him and County Administrator Tammy Stephenson on July 19 after a closed session. Two supervisors were absent at that meeting.
Hall originally claimed supervisors didn't have the authority to fire him because he was appointed by the county administrator.
Later, after the full board of supervisors failed to reinstate him, Hall amended his lawsuit, dropping three of the supervisors and adding claims against the residents.
Bill Parks, Hall's attorney, said through an office assistant that he had no comment on the case at this time.
Guynn, a Salem lawyer, was retained to represent the defendants under an insurance plan Alleghany County has through the Virginia Association of Counties. On Tuesday, the board of supervisors picked Guynn and his firm, Guynn, Memmer & Dillion PC, as the county's attorney.
Former County Attorney Mike Collins resigned after the board fired Hall and Stephenson, saying the majority of the board appeared to be acting without seeking legal advice. Collins had been county attorney on a part-time basis for 10 years.
Guynn said his firm will be paid by the hour for services to the county.





