published: Thursday, September 05, 2013
Perry lawsuit against Avon Park dismissed
By PHIL ATTINGER
AVON PARK -- The U.S. District Court in Fort Pierce has ruled against Sally Perry in her lawsuit against the City of Avon Park, citing that the city's personnel policy allowed search of her handbag.
The policy also stated that anything brought onto city property is subject to inspection, including personal equipment, clothing, property and belongings, including such items as car trunks and lunch bags.
City Manager Julian Deleon said in an email that "the facts and circumstances prevailed, and the Judge agreed with our position."
The lawsuit stemmed from an event on July 27, 2012, during a city vehicle inspection.
Perry, a 15-year employee of the city, alleged that Jimmy Runner, her supervisor, and city employee Brenda Silva went beyond inspecting the tires, oil and general mechanical condition of both a truck and "bubble car" Perry used at work.
Instead, the lawsuit stated, the two "opened the glove compartment, searched behind the seats and looked under the seats."
The lawsuit states that Perry did not protest the search of the vehicles, but did protest when she was told her handbag must be searched too.
Perry alleges she was told by Police Commander Jason Lister that as an employee of the city, she had no rights in the matter.
Deleon said the search was to see if union business was being conducted on city time, which is a violation of policy. He also said he had heard employees were smoking in the vehicles and that one had been seen "waving about a large knife wildly."
The lawsuit alleged deprivation of rights allowed under the constitution, and/or the failure to protect Perry's rights, and named Deleon, Sliva, Runner and Lister as defendants.
Attorney fees (by: The tingling - 9/7/2013)
Sally get ready judgement for attorney's fees coming. Maybe Tad can sale the new black Chrysler, or Ann's spring lake imp district can hire you. Go form a union there with pig decierbo.
Re: MT8VZ (by: Guest - 9/7/2013)
I would say the search by the police from Avon Park would be illegal. For the police to search your person, they need consent or probable cause. Just because your city policy says they can search doesn't give the city police the right to do such. Someone should file an ethics complaint against the city police.
Leave her alone (by: Power Shot - 9/6/2013)
All you people that pushed Sally into filing the lawsuit need to quit calling her and telling her to keep fighting. The stress she endured trying to please all of you that acted so concerned for her and now have dumped her is really taking its toll. You people used her case as a springboard to just get rid of Julian. You never cared for Sally. You treated Sally like a sacrificial lamb. Who is next? No matter what, I have faith in the courts and if they found no fault with the City then good for the City. Shame on the rest of you for treating her like a queen when you needed her to dump on the City and threw her away when she lost. Even toward the end of her case, no one cared. I will never vote for any of those people that pushed her into this. That goes for you Bubba. You are not in it for the City like you claim. We all see right through you.
To Clay Shrum (by: 2c7lm - 9/6/2013)
You have a spot at spring lake. You need to hire Sally or Neil. They can help get testimony to the gain of your wife's case. Do it!! The board won't care about the cronyism without posting jobs.
DELEON (by: DGTODAY - 9/6/2013)
He has staying power Next time elect
City of Jerks (by: Tired of hearing and putting up with him - 9/6/2013)
I agree with you. Who is this DeLeon? He must have trained under Hitler. He is in the news everyday and then when his staff files a petition against him one of the council members takes care of it before the meeting. Let's hear all the facts about this guy. We don't even get to vote for him.
Lake Placid (by: pugher - 9/5/2013)
Here is something that has not been reported. Recently Grizzard also lost a case in Lake Placid over the firing of a drunk police officer. He takes crap cases, and promises billions when he can not deliver. Sorry but he is an unethical lawyer.
Sick n' Tired (by: Blindman~ - 9/5/2013)
Bottom line is this woman has a problem with authority. And she was well advanced into her usefulness with the city and needed to go anyway.
Perry (by: just saying - 9/5/2013)
You should of called Morgan and Morgan for the people by the people. That's what you get when hiring and idiot who is just after nuisance cash.
Search (by: MT8VZ - 9/5/2013)
I'm fine with the search of the vehicle, but into the purse seems a little far. Are they allowed to put their hands in your pockets?
City of Jerks (by: tired of reading about AP - 9/5/2013)
He "heard" that employees were smoking in the vehicles? So if you find an employee that has cigarettes on their person does that automatically mean they are smoking in the vehicles? And the one that was seen "waving a large knife".....well they were probably on the phone to Deleon. And exactly how would you come to the conclusion that someone was conducting union business on company time if something from the union was found in their PERSONAL possessions?
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