Newspaper Page Text
The Summerville News, June 9, 1988
20-A
England’s Suit
Against
Pushed
Legal wrangling is continu
ing in federal court at Rome
over a $234,000 damage suit
that was filed earlier this
?ring against Chattooga
ounfi' Commissioner Harry
Powell and a former county
ambulance service technician.
It was filed by John
England, a county employee
who was fired by Powell in
mid-1986, x}g:inst the commis
sioner and Donnie Fowler, who
then worked for the Chattooga
Emergency Medical Service
(EMS).
CONVERSATION
The litigation was filed in
connection with a conversation
between England and Barbara
Howell, a former secretary to
Commissioner Powell. News
reports at the time said a copg'
of the taped conversation end
ed ‘clip in the commissioner’s
hands. Powell fired England
the following week.
The commissioner has since
denied the alleiations in
En%!and‘s suit, as has Fowler.
owler was arrested after a
frobe by the Georgia Bureau of
nvestigation and charged
with t,aging conversations at
the ambulance service head
quarters. He entered a no con
test plea to a charge of
“‘eavesdropping which invades
the privacy of another” in
Chatgooga Superior Court in
February, 1987. He received a
year of probation and was
ordered to pay a $1,150 fine.
RESPONSE
Fowler's brief response to
the suit was filed by §ummer
ville attorney Ben Ballenger.
“All actions taken by (Fowler
were) in good faith and believ
ed by him to be lawful and not
in violation of any of
(Enfiland's) constitutional
rights,” the re?onse said. He
denied England’s substantial
allegations.
“In all actions taken by
(Powell) on the occasion in
question, (he) acted in good
faith and in a manner
reasonably believed b{ him to
be lawful in light of clearly
established law and the infor
mation then possessed by
him,”” said the commissioner’'s
response. It was filed by Sum
merville lawyer Bobby Lee
Cook Sr.
BARRED
Action by England should
be barred because the county
wasn't given a notice within 12
months of the May, 1986 inci
dent about possibYe damages,
Powell said. The suit is also
barred by the statute of limita
tions, the answer said, and no
actions taken by Powell depriv
ed England of a property in
terest in his job.
John Sawilill, the Rome at
torney who filed the suit for
England, is seeking to strike
Powell’s defenses about
notification, the statute of
limitations and property in
terest in the job.
LETTER
He wrote Powell on Sedpt. 9,
1986, Sawhill said, and the
Preaching
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to a Dying World
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Owen “‘Bud’’ Davis
Church Phone — 734-3140
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Evening Worship .7:00 p.m.
Wednesday Night 7:00 p.m.
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Powell
In Rome
commissioner responded on
Oct. 2, 1986. i
The commissioner also ap
peared against England at an
unemployment compensation
hearing on June 6, 1986,
brought the tape of the
Eniland-Howell conversation
with him and said it was the
sole reason for firing England,
Sawhill said. The commissioner
knew use of the taped conver
sation was illegal because a
warrant was taken out against
Fowler on May 12, 1986,
England's lawyer said.
VALID
Cook, in his response to
Sawhill's brief, said Powell's
defenses were valid because
one ‘‘goes to a denial of the
validity of (England’s) cause of
action,”’ the second goes *‘to a
denial of the right of (En%land)
to gursue his cause of action,’
and the third “‘goes to a denial
of allegation of agency and
liability based upon agency
contained in the complaint.”
Cook’s brief in sugport of
Powell’s defense said Sawhill's
Sept. 3, 1986 letter was not suf
ficient notice of intent to seek
damages from the county. He
acknowledged that Powell's
response was not ‘‘a model of
clarity’’ but didn't constitute
acknowledgement of any such
notification.
Herbalist To
Autograph
Book Here
A.L. “Tommy” Bass, a
noted Leesburg, Ala. herbalist,
will be at Cloudland Park at 6
p.m. Saturday, June 18, to
fiut.ggraph copies of his book on
erbs.
Bob Steele of the Cloudland
Aloe Center said he will also
make a brief talk, and Judy
James, Centre, Ala.,, an ir
ridologist, will participate in
the grogram.
teele said fresh herbs will
be available. Refreshments will
be served and music will be
provided, he noted.
County Audit
Readied For
Late June
The 1987 audit of the Chat
tooga County government is
expected to be complete by the
last week in this month, acor
ding to the county’s auditor.
§im Finney of Finney and
Moore, Rome, said that work
on the audit was continuing.
However, he said that it shoufi:l
be completed in time to meet
the July 1 deadline for submit
ting the document to the state.
State Court
Arraignment
Set Monday
Arraignment will be held
next Monday in Chattooga
County State Court.
No court will be held in
June and the next arraifnment
date will be on July 11.
Non-jury trials have been
scheduled to begin on Mondai',
July 25, with jury trials
scheduled to begin the next
et b 1l
Judge T.J. Es wi
preside.g Albert C. Pafl%our is
solicitor, or prosecutor.
Education
Review Set
The special education plan
for the Chattooga County
school system is being
developed for the 1988-89
school year, according to Diane
Poole, special education coor
dinator ?:rc the schools.
Persons interested in the
plan are invited to review the
proposal at the superinten
dent’s office, Bolling Road,
Mrs. Poole said. Suggestions
will be received, she said. For
more information, call Mrs.
Poole at 857-3447.
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