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Police officer’s suit against city, Wray dismissed

Thursday, October 2, 2008
(Updated 6:09 am)

GREENSBORO — A judge has dismissed a Greensboro police officer’s lawsuit against the city, the police department and several officers, including former Chief David Wray.

Veteran Officer Julius Fulmore sued in May 2007, claiming the defendants had orchestrated a years-long conspiracy to damage his career.

A Guilford County Superior Court judge, John O. Craig III, dismissed all claims, citing sovereign immunity and failure to state a claim, lawyers involved in the case said Wednesday. Sovereign immunity means the government generally can’t be sued.

Craig sent an e-mail to attorneys late Sunday night advising them that he was dismissing the case, said attorney Ken Keller, who represents Wray. The court order had not been filed by late Wednesday afternoon, court records show.

City Attorney Terry Wood declined to comment on the lawsuit, citing personnel privacy laws.

Fulmore’s attorney, Amiel Rossabi, said he thought he’d argued a good case that negated sovereign immunity.

“This was not decided on the merits” but on procedural grounds, he said.

Fulmore’s lawsuit is the third to be resolved this year from a tumultuous time for police that included complaints of racial discrimination and an SBI inquiry into possible criminal misconduct by police officers. The scandal forced Wray’s resignation in early 2006.

On Friday, the city signed a $30,000 settlement to Jamestown residents Nicole and Anthony Pettiford. Nicole Pettiford alleged that police abused her constitutional rights during a lengthy interrogation at a local hotel.

In April, the city settled a federal lawsuit for about $60,000 over retirement benefits for former Deputy Chief Randall Brady, who retired in 2005.

Fulmore claimed in his lawsuit that the disparate treatment he received resulted from professional jealousy and started in the mid-1990s while he was working on a federal drug task force. He accused officers Scott Sanders and Brian Bissett of instigating the conspiracy.

The lawsuit also named Brady, former Assistant Chief Craig Hartley, Lt. Craig McMinn, former Officer Randy Gerringer and private investigator Art League.

Attorney Seth Cohen said his clients, Sanders and Brady, are pleased at the outcome.

“But we expected to win this case,” Cohen said. “It’s just heartening that it was won at such an early stage. The allegations were just nonsense.”

The city should agree to pay for his clients’ defense, as it has already agreed to pay for other officials involved in this lawsuit, Cohen said.

Fulmore also has a pending lawsuit stemming from the Rhino Times coverage of the police scandal.

A judge recently ruled that the reporter’s notes would not be turned over to Rossabi, Fulmore’s attorney, to review.

That ruling has been appealed to the state appeals court, Rossabi said.

Fulmore also might file a discrimination lawsuit based on his Equal Employment Opportunity Commission complaint about the police department, Rossabi said.

Contact Jennifer Fernandez at 373-7064 or jennifer.fernandez@news-record.com

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