Judge sets retrial in slander case

Ambulance call disrupted 1st

A federal judge on Tuesday scheduled a retrial of a defamation lawsuit against Jim Harris, chief of staff for state Treasurer Dennis Milligan, to begin Jan. 9.

The lawsuit also includes a claim that Milligan fired a former treasury employee, David Singer, for a discriminatory reason, based on a false belief perpetuated by Harris that Milligan had "mental problems."

A trial on Singer's lawsuit began Aug. 8 and was winding down Aug. 11 when Harris was taken out of the courtroom by paramedics after he was seen clutching his chest and turning red.

The upheaval in the courtroom led Chief U.S. District Judge Brian Miller to declare a mistrial the next day, at the request of one of Singer's attorneys, Luther Sutter. Sutter said the spectacle that jurors witnessed could cause them to have too much sympathy for Harris to deliver a fair verdict, and could cause them to hesitate to award significant punitive damages if they determined he defamed Singer.

Harris' medical condition has never been publicly revealed. He was hospitalized after being taken from the courthouse in an ambulance but is believed to have been discharged the next day. He later returned to work at the treasurer's office.

Sutter said he believed Harris might have been faking a heart attack, based on information he received before the trial began.

Court documents indicate Sutter may call a physician to testify at the retrial.

Singer alleges in the lawsuit that Harris defamed him by writing and publicly distributing an interoffice email expressing concerns about Singer's ability to do his job and speculating about whether he suffered from mental problems as a result of losing his wife to breast cancer. Harris gave a copy of the email to a reporter for KATV-TV, Channel 7, which published the email in its entirety.

On the Americans with Disabilities claim, Milligan is being sued in his official capacity only. The defamation and invasion of privacy claims against Harris are brought against him in his individual capacity only.

Metro on 09/22/2016

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