THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, April 5, 1995 TAG: 9504040165
SECTION: ISLE OF WIGHT CITIZEN PAGE: 05 EDITION: FINAL
SOURCE: BY LINDA McNATT, STAFF WRITER
DATELINE: SMITHFIELD LENGTH: Medium: 51 lines
Former Smithfield police Sgt. Edward P. Hill, who won his lawsuit against the town late last month, says he wants his job back.
Hill was fired in September 1992 for failing to turn over documents he believed supported allegations of corruption in the Police Department. He won the right to be reinstated to his job and more than $41,000 after a federal jury found in his favor in a $2.5 million lawsuit he filed last September.
``I love that little town. There are a lot of good people there,'' Hill said. ``Smithfield was home to me for eight years. And yes, I do plan to file for reinstatement.''
The town contended Hill was fired for refusing to obey a direct order to return police records. Hill's lawsuit against the town, a former town manager and the current police chief accused the defendants of violating his civil rights and alleged that he saw evidence within the force of altered arrest reports, altered traffic reports and unserved criminal warrants.
Hill was one of two officers who sued the town over similar allegations. David A. Richardson lost his suit in March when U.S. District Judge J. Calvitt Clarke Jr. ruled in favor of the town in a bench trial - that is, without a jury.
Richardson still has the right to appeal the judge's verdict, but he could not be reached for comment as The Citizen went to press.
In Hill's case, a federal jury awarded him the cash settlement, any employee-provided entitlements from the time he was fired, his attorney's fees and court costs. He also won the right to be reinstated to the Smithfield police force, where before his dismissal he was a seven-year veteran, third in command and a sergeant.
But it may be awhile before the court will officially grant him the opportunity to apply for reinstatement.
Defense attorneys have requested the verdict be set aside. Conrad Shumadine, representing the town, said earlier this week that he felt the verdict was excessive ``in light of the evidence.''
``We felt the evidence was very strong,'' he said. ``The town did everything correctly.''
Clarke gave the town's attorneys a week to prepare a written motion to set aside the verdict, and that motion was filed Friday, Shumadine said.
Hill said his attorney, Michael F. Imprevento, will have three days to respond, after which the judge is expected to rule within two weeks.
Whatever the outcome, the town could appeal the verdict, and attorneys plan to do exactly that. by CNB