City seeks dismissal of Hinson lawsuit
GREENSBORO - Attorneys for the city filed a motion Monday in Guilford County Superior Court to have a lawsuit filed by police Lt. James Hinson dismissed.
Hinson - who filed the lawsuit in late May - sued the city, former Police Chief David Wray and former Deputy Police Chief Randall Brady, alleging that Wray and Brady conspired in a "pattern of malicious and willful acts" with the goal of ruining Hinson's career and reputation because he is black.
Hinson is seeking $20,000 in damages.
In the four-page motion to dismiss, the city says it and its then-employees - Wray and Brady - acting in their official capacities, cannot be parties of a conspiracy on the basis of governmental and intracorporate immunities.
The immunities mean, in essence, that the city and its employees are one entity and cannot conspire with itself, the motion explains.
The city also states that on Jan. 10, 2006, Hinson signed a Memorandum of Understanding with the city, which "waived any and all claims" against the city regarding the actions of Wray and/or Brady.
The memo outlines conditions of Hinson's return to active duty with the police department following an administrative leave while Wray's administration investigated him for alleged wrongdoing.
The document also states the city cleared Hinson's personnel record of anything found to be fraudulent or inappropriate as a result of the probe.
Hinson acknowledged that the city "exercised due diligence in the investigation of the events that led to his suspension as soon as the matter was brought to their attention," states the memorandum, which is signed by Hinson.
Attorney Alan Duncan of the firm Smith Moore and Leatherwood, which is representing the city, said Thursday afternoon that city policy prohibits him from discussing the motion.
Hinson's attorney, James E. Ferguson II of Charlotte, was still reviewing the motion when reached Thursday afternoon, but he said it "appears to be without merit," and declined to comment further.
Wray, 52, resigned under pressure in January 2006 after a city consultant's report accused him of misusing power, unfairly favoring some officers, and targeting black officers in connection with corruption allegations.
Brady retired in November 2005.
Contact Ryan Seals at 373-7077 or ryan.seals@news-record.com
