The wrongful termination lawsuit filed by former Burgin Police Chief Jim Caldwell against the City of Burgin and Mayor George Hensley will be heard in federal court.
Mark Lutz of Jackson Lewis P.C. of Cincinnati, who is defending the city and the mayor, filed to have the case moved to the United States District Court for the Eastern District of Kentucky, Lexington Division.
Last month, Caldwell filed suit in Mercer Circuit Court, charging Burgin with violating his right to due process under the Kentucky Policeman Bill of Rights. He also said his termination violated laws covering workmen’s compensation as well as the Family and Medical Leave Act of 1993.
Lutz argued that the FMLA complaint placed the lawsuit under federal jurisdiction. The federal judge will also decide the merits of the rest of Caldwell’s case.
Caldwell, who had served as chief of Burgin’s one man police department since September 1995, was fired by Mayor Hensley in January 2017.
He is asking to be reinstated with back pay, benefits and seniority by statute as well as general compensatory and punitive damages and costs and legal fees.
To learn more, check out this week’s issue of The Harrodsburg Herald.