Federal judge dismisses Warnock-CMU lawsuit

Federal judge dismisses Warnock-CMU lawsuit

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Canton Municipal Utilities (CMU) is not liable for damages against former county engineer Rudy Warnock, a federal judge ruled on Monday.

U.S. District Judge Halil Suleyman Ozerden handed down his ruling dismissing Warnock's suit, which sought $6.3 million in damages after he claimed he was unlawfully dismissed by CMU.

Warnock had argued in court he was owed the money as compensation for three contracts CMU and his company Warnock Engineering entered into in October of 2016 that were subsequently terminated roughly two months later.

Warnock claimed the board terminated those contracts, which were signed subsequent to Warnock presenting his "five-point plan" for upgrading Canton's infrastructure, because he had "refused to provide bribes and kickbacks, and consent to the illegal and improper hiring of relatives and friends" demanded by former CMU Board Chairman Cleveland Anderson.

The original filing accused CMU of copyright infringement, vicarious and contributory infringement, wrongful discharge, breach of contract, open account, negligence, defamation, misappropriation of advertising/commercial materials and violations of the Racketeer Influenced and Corrupt Organizations Act - commonly known as RICO.


After the lower courts dismissed the bulk of Warnock's claims, Ozerden was only asked to judge Warnock's claim against CMU for wrongful discharge and for retaliation in violation of the First Amendment.

Ozerden granted CMU's request for summary judgement and dismissed Warnock's wrongful discharge claim without prejudice. Because Warnock's gripe over retaliation centered around Anderson — and not CMU — that claim was dismissed with prejudice, meaning Warnock cannot take CMU to court again over that claim.



"(The lawsuit) references claims against MR. Anderson only, and not again the CMU, and clearly states (Warnock's) position that Mr. Anderson's acts were not performed within the course and scope of his employment with CMU," Ozerden wrote in his ruling. "There is no indication t hat any Notice of Claim was ever provided to CMU referencing (Warnock's) claims against it as an entity."

Warnock can appeal Orzeden's ruling to the Fifth Circuit Court of Appeals in New Orleans. Warnock could not be reached for comment.






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