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County Attorney's Report 12. 2.

BCC Regular Meeting

Information

Meeting Date:	05/21/2015
Issue: Anita Hemphill vs. David Morgan, in his official capacity as Sheriff, Escambia County, Florida and Escambia County Board of County Commissioners
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Information: Anita Hemphill vs. David Morgan, in his official capacity as Sheriff, Escambia County, Florida and Escambia County Board of County Commissioners, Case No.: 3:14cv210-RV/EMT

That the Board accept the following information:

On April 29, 2015, the Honorable Roger Vinson granted a motion for summary judgment filed by David Morgan, Sheriff, which was joined in by Escambia County Board of County Commissioners against Plaintiff in Anita Hemphill vs. David Morgan, Sheriff, Escambia County, Florida and Escambia County Board of County Commissioners, Case No.: 3:14cv210-RV/EMT. A final judgment was entered in favor of the Sheriff and Escambia County.

BACKGROUND:

Lt. Anita Hemphill filed suit for damages claiming she was discriminated against by Sheriff Morgan on account of her race and gender when he demoted her from Jail Commander during the time that the Sheriff operated the County Jail. Lt. Hemphill then sued Escambia County earlier this year claiming she shoud be reinstated as Jail Commander.

Judge Vinson granted the summary judgment filed by the Sheriff observing that a judicial court cannot sit as a "super-personnel department" second guessing the decisions of supervisors. The court also found that the Sheriff was unlikely discriminating against Lt. Hemphill on account of her race and gender and was just dissatisfied with her performance as he had promoted her to Jail Commander just four months earlier.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

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