Suit Against Monticello Is Dismissed

In Jasper County Superior Court Motion Day Tuesday, Judge Hulane E. George granted the city of Monticello’s motion to dismiss the lawsuit filed against them by former Monticello Police officer John Jenkins.

According to court records, Mr. Jenkins was originally placed on suspension with pay on June 22, 2004. He later received a letter dated June 30, 2004 changing the suspension with pay to administrative leave. At an unspecified time later he received another letter advising he had been terminated from continued employment with the city of Monticello.

Also according to court records, after the city council voted to uphold his suspension, Mr. Jenkins filed the lawsuit on October 12, 2004, claiming that no written notice of charges or reason for his dismissal were given him, which is a violation of city policy.

Also, Mr. Jenkins claimed that in the “unlawful arrest” he was accused of, the person he arrested was found guilty of disorderly conduct and fined $750, and that he was following instructions at the time he made the arrest.

However, the motion for dismissal presented on behalf of the city by Attorney Jennifer H. Keaton, didn’t have to address any of the above. Their case simply pointed out that Mr. Jenkins had been later than the legal time allowed submitting his request to appeal the City Council’s decision to Superior Court.

Attorney Sherrod G. Patterson, representing Mr. Jenkins presented a decision in a similar case where the evidence prevailed over a procedure and the case had gone forward.

However, Judge George would not permit the sanction after the fact and ruled to grant the city’s motion to dismiss. After the ruling, she said to Mr. Jenkins, “I dislike throwing something out of court for procedural matter, and if not for that you would have had your day in court.”

According to Attorney Patterson, the decision of the court will force the Georgia Peace Officer Standards and Training Council to revoke Mr. Jenkins’ certification, which would prevent him from working in law enforcement.

Mr. Jenkins, however, in anticipation of the court decision has already had a pre-hearing before an administrative law judge in a process of presenting his case to maintain his eligibility to work in law enforcement.

The case of David Crawford and Starfirst Homes, Inc. vs Turtle Cove Property Owners was also on the calendar, however it was continued—again, and no action was taken.