FAYETTEVILLE — A lawsuit alleging sexual harassment at the Washington County Sheriff’s Office should be thrown out because of information on a Web site owned by the attorney representing two employees who filed it, a defendant says.
Sgt. Lori Schmidt and Cpl. Stephanie Guenther claim their federal civil rights have been violated. The lawsuit names Sheriff Tim Helder as a defendant along with the sheriff ’s office, Maj. Rick Hoyt and former Capt. Randy Osburn.
The accusations included in the lawsuit include claims Helder and subordinates have tolerated male employees talking openly about sexual practices and watching strip searches of female prisoners.
Helder and Hoyt are accused of improperly dismissing a sexual harassment complaint filed by Schmidt against Osburn in March.
The suit was filed by New York attorney Joshua Friedman. Friedman’s Web site is the focus of Osburn’s motion to strike the complaint.
According to Osburn’s attorney, W.H. Taylor, the lawsuit references Friedman’s Web site, saying witness interview transcripts, a report and internal findings are available for download there. But, the site is actually a self-promotional advertising blog for Friedman’s law firm and is linked to other advertising and promotional material, according to the motion. There are also links to sensational YouTube and newspaper headlines.
“No claim or cause of the plaintiff’s relevant to these proceedings is advanced by this advertising stunt. To the contrary, they are subverted and trivialized and the complaint is made a mere conduit of convenience for the extrajudicial smear campaign of the defendants,” Taylor says in his motion. “So tainted is the complaint and the sanctity of these proceedings by this misuse and abuse of the pleadings, it should rightfully be stricken in its entirety.”
The Web site set up by Friedman shows what he says are transcripts of 17 interviews conducted by the sheriff’s office. The transcripts indicate Helder told investigators he took the complaint seriously and ordered a thorough investigation.
Friedman said interviews by the sheriff’s office corroborate the allegations of his clients.
Helder has said Schmidt’s allegations against Osburn were not confirmed or substantiated through an investigation. Osburn later resigned following an investigation unrelated to Schmidt’s complaint.
Osburn has also filed an answer generally denying allegations made in the complaint and asking for the lawsuit to be dismissed.