Ridley case: Defense files motion to strike harassment suit

Published 5:14 am Sunday, July 17, 2011

A day before the defense teams for former Murray County Sole Commissioner David Ridley and Murray County government had a deadline to file a response to a federal sexual harassment suit against them, a “motion to strike” and “motion for more definite statement” in the suit was filed by Ridley’s new attorneys at district court in Rome, forestalling the response time.

Ridley and Murray government are named in a suit by longtime Murray County employee Charlene Miles, who claims that Ridley sexually harassed her and forced her to have oral sex, and that the county allowed a “hostile work environment” in violation of federal employment statutes.

In the defense motions, a request is made that the plaintiff “should be ordered to re-read her complaint … and provide a more definite statement of the claims she is asserting, the facts that support each claim and the party or parties against which each claim is asserted.”

The motions also ask the district federal court in Rome to strike portions of the complaint that allege the county’s form of government is unlawful since the complaint is “redundant, immaterial, impertinent and scandalous.”

Ridley is now represented by Phillip Friduss and Ellen Ash of Woodstock. The county is represented by Ben Mathis of Atlanta, who did not co-sign the motions.

“I filed the (original) complaint, and what happened was I received a request to give them 30 more days to file the (response) to the complaint,” said Miles’ attorney Stuart James of Chattanooga, who represents her with McCracken Poston of Ringgold. “They asked for 30 additional days to get Mr. Ridley an attorney … so that’s what the original extension was for. The deadline for that answer was (Thursday).”

James said he is ready to file a response.

“I have two choices,” he explained. “One, I can either amend and try to make (the defendant’s attorneys) happy, or two, I can respond to the motion. And I’m going to respond to the motion. They’ve had over 60 days to respond (to answer the complaint), and during that 60 days I never got one request saying, ‘Hey, Stuart, we don’t understand, can you clarify it for me?’ I will file (the response to the motions) on Monday.”

Ridley resigned in late March for what he said at the time were business and personal reasons, but two weeks later County Manager Tom Starnes revealed a sexual harassment suit had been filed against Ridley and the county. County attorney Greg Kinnamon said he was advised by the county’s insurance company, Travelers Insurance, to step back from defending the suit and allow outside attorneys to take the lead.

James said federal Judge Harold Murphy has “a couple of options” after he receives the response to the strike motions.

“He can just say the complaint’s OK, or he can require me to separate out the complaints,” he said. “Judge Murphy … is a pretty fair judge, and I’m just going to let him rule on it. And if he wants me to change it a little bit, I will.”

James said he was “going to amend anyway to add another allegation,” but would not specify the additional accusation. He believes the motions were filed because Ridley’s team wants more time to prepare, but that may be a moot point.

“Judge Murphy will probably rule on it without requiring a hearing,” he speculated. “He’ll look at the complaint and issue an order, and say, ‘Hey, Stuart, I want you to at least divide the complaint into different accounts as they requested’ or ‘Will you make it clearer as to what you’re saying against the county?’ or he can say, ‘Hey, I think the complaint’s fine.’ I never predict what any judge will do, but we’re moving forward.”