Former Sebastian County Circuit Clerk Ken Blevins failed to score a win in a lawsuit filed last year against County Judge David Hudson after a judge ruled in favor of Hudson. Sebastian County and the Association of Arkansas Counties were also named defendants in the suit.
In the complaint filed on July 24, 2013, Blevins claimed that the county's former grievance policy, which included a hearing before a grievance board, was illegal and used to undermine his bid for re-election following the accusations of six employees that Blevins sexually harassed them in the workplace. Two of the employees were terminated by Blevins on Nov. 16, 2011, though the employees were eventually reinstated following grievance hearings with the county.
"The illegal grievance processes supervised by the Defendant, Hudson, as well as the Motion to Enforce the County Court Order of Hudson, were all used to undermine public confidence in the Plaintiff and to replace the Plaintiff in his duly-elected position, either by recall or in an election," the complaint read.
The grievance board Blevins refers to in the lawsuit is no longer in use by the county. Instead, the county implemented a new policy in June 2013 that states terminated employees may submit grievances directly to the director of human resources, Steve Hotz.
In his Oct. 30 ruling, Circuit Judge Kirk D. Johnson of the Eighth Judicial District said Blevins failed to make the case against Hudson and the County.
In siding with Hudson, Johnson noted irregularities in the filings of Blevins and the inability to prove that Hudson was personally liable for alleged damages against Blevins.
"The Plaintiff has alleged in the heading that the Defendant, David Hudson, is individually liable for the acts alleged in the complaint. However, in the body of the complaint the Plaintiff apparently abandons the intent to pursue this cause of action by stating in paragraph 7 that 'all actions of the Defendant, Hudson, were committed in his official capacity as county judge of Sebastian County.' Since no allegations nor factual basis for liability were made against the Defendant in his individual capacity, the county finds that the Plaintiff has failed to allege a cause of action and the suit against the Defendant, David Hudson, individually should be dismissed."
In addition to dismissing Hudson from the lawsuit, Johnson also said Blevins failed to "show any facts to establish malice by Sebastian county through its policies or intentional acts of the Defendant, David Hudson."