A former Athens County Sheriff deputy, fired in 2012 due to accusations of insubordination and sexual harassment, filed a federal lawsuit against suspe
nded Sheriff Pat Kelly on June 24, accusing him of violating his constitutional rights.
Shannon Sheridan, defended by Cleveland attorney Mark P. Herron, claimed in the United States District Court that Kelly “displayed reckless and callous indifference” to Sheridan’s First Amendment rights and “lacked the ethical and moral standards necessary to serve as the elected Sheriff.”
According to court documents, First Amendment-protected political speech — which is guaranteed by Article I Section II of the Constitution of the State of Ohio — “cannot be the basis for an adverse employment action by a governmental official or governmental entity.”
Sheridan is asking for lost wages, compensatory damages, punitive damages and attorney’s fees and costs, according to the complaint.
The documents stated that during Kelly’s first term in office, Sheridan says he observed “evidence” of Kelly going absent without leave while serving in the U.S. military, that Kelly had previously been incarcerated for failing to pay court-ordered support and had improperly interfered in an ongoing case in which his son was accused of sexual assault.
The documents do not specify what the evidence of these matters is or how Sheridan obtained it.
During Kelly’s re-election campaign in 2012, Sheridan informed the voters of these incidents when asked his opinion of the Sheriff. Kelly removed him from office shortly afterward.
Sheridan, who worked for the Athens County Sheriff’s Department as a deputy since 2004, had also been accused of insubordination and sexual harassment in the workplace, which was Kelly’s reasoning for firing the deputy.
The former deputy was also accused of making false statements to superiors during an internal investigation and mishandling evidence in a criminal investigation.
The complaint filed and signed by Herron on June 24, however, claims that the speech against Kelly was “a substantial or motivating factor” in the decision to terminate Sheridan.
A unanimous, three-person state board, the Ohio State Personnel Board of Review, ruled Feb. 13 that Sheridan be reinstated with no back pay under a last chance agreement that would require him to say that he understands he has one more chance to comply with all of the rules and regulations of the job, according to a previous
Post
article.
However, both Sheridan and the Athens County Sheriff’s Department filed separate appeals against the decision in the Athens County Common Pleas Court; Sheridan’s was filed February 27 and the sheriff’s department filed theirs the day prior.
Sheridan’s notice of appeal claims that the board’s decision “is not supported by reliable … evidence,” and that the decision is “contrary to law,” among other reasons, according to court documents.
The sheriff’s office’s Feb. 26 notice of appeal, signed by attorney Matthew Baker, stated that the board made errors ruling, including deeming the former deputy not guilty of allegedly telling a female employee that her “hooker handles … will come in handy later,” and of insubordination toward Capt. Bryan Cooper and Lt. Aaron Maynard, according to a previous
Post
article.
The article states that Administrative Law Judge Christopher Young stated in a hearing around that time that Sheridan is guilty of some offenses and innocent of others.
Meanwhile, Kelly is also charged through the Athens County Common Pleas Court with an indictment of 25 charges including money laundering, theft in office and tampering with evidence.
He remains on paid suspension and is due to appear before Judge George P. McCarthy on August 29 for his final pretrial.
