ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, November 20, 1996 TAG: 9611200073
SECTION: VIRGINIA PAGE: C-4 EDITION: NEW RIVER VALLEY
DATELINE: HAMPTON
SOURCE: Associated Press
Misplaced paperwork could cost the city $5 million.
Hampton failed to meet a Sept. 6 deadline to respond to a lawsuit by a city employee, and a U.S. District Court clerk entered a default judgment in the employee's favor.
The city says the city attorney never saw the lawsuit because a secretary filed the paperwork.
If a federal judge approves the default judgment, the city must pay Patricia E. Delaney the money. The city has asked the judge to set aside the judgment and let the lawsuit go to trial.
``These things happen sometimes,'' said City Attorney Paul Burton. ``I feel confident the judge will listen to us and allow us the time to file'' a response.
Delaney sued the city this summer, alleging that in 1994 it did not stop a former employee from sexually harassing her, despite her complaints. Delaney is a clerk in the Hampton Public Works Department.
The city denies Delaney's allegations that it failed to discipline or stop Arthur Parker, a former foreman in the department.
Parker was convicted of abduction, sexual battery and attempted sodomy of another city employee. He is serving a 63-year sentence at the Greensville Correctional Center in Jarratt.
The city contends that because Delaney waited almost two months before asking for a default judgment, she is in no rush for a decision and would not be hurt by allowing the city to respond to the lawsuit. The default judgment was entered Oct. 31.
David Arnold, Delaney's attorney, said he was caught off guard by the city's lack of response.
``We're talking about a $5 million lawsuit,'' Arnold said. ``I would have definitely expected an answer.''
LENGTH: Short : 42 linesby CNB