CAMDEN, Maine — A lawsuit filed more than four years ago by a former Camden Police Department dispatcher has wound its way slowly through the federal court system and could go to trial in July 2016.
The First Circuit Court of Appeals expressed its frustration with the pace of the case in its latest ruling.
The lawsuit was filed in October 2011 by Alan Clukey of Belmont against the town of Camden. Clukey had been a dispatcher for the town from 1976 until he was laid off in June 2007, when the town shifted its dispatch services to Knox County.
Clukey had argued that as senior dispatcher he should have been offered openings in the Camden Police Department when they occurred. In the 12 months after he was laid off, however, he was not hired to fill openings for a parking enforcement officer or an administrative position.
Twice the appeals court has sided with Clukey in overturning rulings by federal judges in Maine and sent the case back to the federal district court level.
The latest came on Aug. 10, when the appeals court in Boston ruled that a district court judge erred in granting summary judgment for the town. The town had argued that the labor contract at the time Clukey was laid off required him to provide the town with his address and telephone number in the event there were job openings that he could be eligible to fill.
Clukey argued, however, that the provision requiring such information be provided to the town was ambiguous. In addition, the town acknowledged it already had his address and phone number in its personnel files.
In overturning the lower court ruling, the appeals court pointed out how long this case has been in the system. There are still other issues to be decided by the district court, including whether the seniority provision in the contract was ambiguous.
“These outstanding issues reflect the piecemeal approach to this litigation pursued by the parties,” the appeals court stated. “There is the potential for more appeals in a case where we have already had two. This is a regrettable situation that drains the resources of everyone involved. We urge the parties to seriously consider settlement on remand.”
On Oct. 8, U.S. District Court Judge Rich set a new schedule for the case in which all motions must be filed by March 31, and a trial could be held starting July 5.
Clukey is represented by attorney David Glasser of Camden. The town is represented by attorneys Frederick Costlow of Bangor and Heidi Hart of Portland.