Published: July 15, 2007 11:15 pm         

Four city firefighters receive more than $70k in lawsuit against city

TERRE HAUTE — Four city firefighters won a lawsuit against the city of Terre Haute on June 30 that awarded the men more than $71,000 total, said Eric Frey, the firefighters attorney.

In January 2004, the four firefighters, all captains, Elisha Hamblen, Robert Sivertson, Robert Kiefner and Mitchell Hunt all occupied appointed positions in the administration of former Mayor Judy Anderson. The men were returned to the rank of captain in January 2004 when now Mayor Kevin Burke’s administration took over.

Frey said the firefighters were demoted more than the law allows and the Indiana Supreme Court agreed.

Frey said: “Obviously, we’re very pleased that the four firemen were awarded double damages for nonpayment of their wages. … They are all very pleased that finally they’re getting their justice that their entitled to.”

The city lowered the four men’s rate of pay in 2004.

“You can’t do this, it’s illegal,” Frey said. “You’re taking their money, and we filed suit. … We tried to tell [the city] that in ’04 but nobody listened.”

The city of Terre Haute issued a statement in response to the lawsuit’s outcome.

“… As a result of the lawsuit, the city of Terre Haute compensated these employees with an adjustment in their pay, based on their position with the Terre Haute Fire Department. However, these individuals felt it necessary to further penalize the city and the taxpayers in the litigation by requiring treble damages to be paid to the plaintiffs and excessive attorney’s fees to be paid to [the] plaintiffs’ counsel, thus further increasing the burden on the city of Terre Haute and the taxpayers. …,” a news release stated.

The city will not appeal the case, it stated.

Laura Followell can be reached at (812) 231-4253 or laura.followell@tribstar.com.

     

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