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February 14, 2006

City sued for $1 million

Newspaper owner claims rights violated during 2005 meeting

By Evan Belanger

The city of Hanceville is being sued for no less than $1 million, according to court documents.

Despite the City Council's refusal to release information concerning the case Monday, court records revealed the details Tuesday.

The law suit is filed on behalf of Edmund Flaig in Federal District Court.

It claims that Flaig's civil rights were violated when he was forcibly removed from a city council meeting in March 2005. Flaig is editor and publisher of The Trinity News — then The Hanceville Herald — and was reportedly representing the publication at the meeting.

According to the court documents, Flaig is suing under U.S. law code 42-1983, which protects the constitutional and civil rights of all Americans.

In addition, Flaig's suit alleges against the council counts of slander, intentional infliction of emotional distress, interference with business relationships and a violation of his First-Amendment free-press rights.

Flaig is seeking no less than $500,000 in compensatory damages and no less than $500,000 in punitive damages, totaling $1 million in all.

"It's a simple case. It all comes down to the rights of the press to public information. We want to bring that to the court's attention," said Flaig's attorney William J. Freeman in a phone interview Tuesday.

In response to Flaig's suit, the city council went into executive session for approximately 10 minutes during its meeting Monday night, citing "impending litigation."

Upon returning, the council did not release any information about was discussed, but Councilman Hubert Jones made a motion for city attorney Edward Coey to file a "counter suit" in the then unknown matter.

As learned Tuesday, that counter suit is apparently to be filed against Flaig. It is not known on what grounds.

Mayor Katie Whitley declined to comment on the matter after the meeting Monday and again on Tuesday, saying only, "It is in litigation, and I can't talk about it."

As reported previously in The Cullman Times, Flaig was removed from a meeting by Hanceville Police Officer Christopher Pearce on March 1, 2005, allegedly after asking a question, which is not allowed during regular meetings.

"I just wanted to clarify if the council was selling one garbage truck or two," Flaig said at the time. "The officer grabbed me under my left arm and pulled me off my chair and tells me I'm going to jail."

While Flaig was not arrested or charged at the time, he told The Times that he did seek medical attention for his arm, which was found to have "contusions." He also said at the time that he would "probably sue" over the incident.

A previous statement made by then Hanceville Police Chief Craig Richie claimed that "the amount of force used (against Flaig) was appropriate" and that Pearce asked Flaig to quiet down nine times during the meeting.

"We have had complaints in the past that Mr. Flaig's loud comments and talking during the meetings caused others to be unable to hear the meeting," Pearce told The Times after the incident. "I was ordered by Chief Richie to be at the meeting to make sure that the meeting was not disrupted."

The ordinance against public comment in regular meetings was passed on Oct. 4, 2004, the first time the current council met. Public comment is allowed during council work sessions.

It is not clear when the case is scheduled to go before a court.

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    Cullman was one of twenty stops I made while on book tour for “A Silence of Mockingbirds: The Memoir of a Murder.” I came to town at the request of Loretta Gillespie. We had met previously at the Alabama Book Festival in Montgomery. When Loretta learned I would be touring with my newest release, she asked if I would please come to her part of the country.
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