Yesterday about 3:37 p.m. the Knox County Chancery Court received 63 pages from David Wigler a Deputy Law Director for Knox County Law Director Bud Armstrong. In the 63 pages (which were obtained by BrianHornback.Com today) is a Motion to Transfer and Dismiss a suit Janice Orr -v- Knox County, Tennessee filed in January 2017.
Knox County’s arguement is that everything in the suit except the Tennessee Human Rights Act is outside Chancery Court’s jurisdiction and should go to Circuit Court to be dismissed. Knox County also argues many of the complaints of Orr have expired from their one year statute of limitations.
Also, in the same 63 pages is a Counterclaim of Knox County, Tennessee for Declaratory Judgement. That is the most interesting reading. Where Orr had plead that she was a subject of harassment or retaliation. First, what I didn’t know is that the TN Human Rights Act does not protect sexual orientation. Second, Knox County has through the filing shown where Orr communicated with Holt and Holt’s wife via text messages during the time she alleges he was harassing and retaliating against her. There are emails that Knox County has produced where Orr’s honesty is questioned.
In the counter claim and declaratory judgment, Knox County states that Orr made false and deceptive statements in the Amended Conplain; that these false and deceptive statements were made for personal gain; and that based on the foregoing, Knox County is entitled to terminate the at-will employment of Counter-defendant Orr for making false and deceptive statements for personal gain.
How this plays out will be interesting, if Knox County prevails than Knox County Mayor Tim Burchett and his Chief of Staff insisting on Holt’s termination was not appropriate after an “extensive” investigation by their own Mark Jones and Richard Julian.
The criticism of Sheriff Jimmy JJ Jones of hiring Holt may be uncalled for and his providing employment for Holt has kept Holt for incurring damages that would be recoverable in court had Holt been terminated.
Lets watch this one play out.
