The judge in the lawsuit filed by former Butler City Police against the City of Butler has issued an opinion but the door is still open for the case to continue.
Jordan Shuber is an associate attorney with the firm of Dillon, McCandless, King, Coulter, and Graham who is representing the City.
“There was one count of the complaint that was dismissed with prejudice. So that means they’re not going to have an opportunity to renew that claim unless they would appeal to a higher court and we don’t anticipate they’re going to do that. As we sit right now, the City is very pleased with Judge Yeager’s opinion and moving forward, we really think that there’s going to be evidence that supports the City’s position more so than it supports the plaintiffs.”
As part of the opinion issued earlier this week, Judge S. Michael Yeager found that plaintiffs Ron Brown, former Chief of Police, and Dave Adam, former Deputy Chief are not able to ask for damages over and above the amount of wages from the city they allege were not paid.
However, the judge did give the plaintiffs up to 30 days in order to amend their complaints to show that there is a written agreement or contract that enables them to recover the money they are asking for. Additional objections could then be filed by the defense resulting in further hearings before the judge or another ruling.
A message seeking comment from the attorney for the plaintiffs was not immediately returned.
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