Cave Springs lawsuit moved to federal court

NWA Democrat-Gazette/JASON IVESTER
Cave Springs City Hall; photographed on Thursday, Jan. 5, 2017
NWA Democrat-Gazette/JASON IVESTER Cave Springs City Hall; photographed on Thursday, Jan. 5, 2017

BENTONVILLE -- A lawsuit by two Cave Springs city employees against city officials has been transferred to federal court.

Nathan Coy and Jaci Hawkins filed the lawsuit in February against Kimberly Hutcheson, treasurer/recorder; and City Council members Charles Lindley, Mary Ann Winters, Rick Sayer, Larry Fletcher and Randall Noblett. Councilwoman Joan White wasn't named as a defendant in the lawsuit.

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The attorney for the city officials filed a request Wednesday in Benton County Circuit Court asking the case be moved to the U.S. District Court.

The lawsuit involves federal questions so the defendants are permitted to transfer the case to federal court, according to the request.

Benton County Circuit Judge John Scott signed an order Thursday to move the case to federal court. Coy works in the Planning Department, and Hawkins is an office worker, according to Mayor Travis Lee.

The lawsuit claims Hutcheson unfairly targeted Coy and Hawkins. The lawsuit also alleges Hutcheson and the council have opposed city employees believed to be in support of Lee.

The lawsuit also alleges Hutcheson wanted to get Coy fired because of his Hispanic heritage.

Jenna Adams, the attorney for the city officials, filed a answer in circuit court to the lawsuit that denied any wrongdoing.

Hutcheson was sued individually and in her official capacity. Thomas Kieklak, her attorney, filed a answer also denying wrongdoing.

Hutcheson has also filed her own federal lawsuit against the Lee and the City Council.

Neither Coy or Hawkins now works for the city. Lee said Hawkins recently resigned and the council recently defunded Coy's position.

NW News on 03/18/2017

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