Hartzog, Jr. Obtains Dismissal in All Claims Brought by Union Against Town

In a case that received significant media attention, Dan Hartzog, Jr. obtained dismissal of all claims in a lawsuit brought by a local protective union, the former president of the union and several members against a City.

The plaintiffs brought claims under the North Carolina Constitution for free speech, right of association, due process, and equal protection. The union and its members sought class status, and claimed that the City and the former Police Chief had engaged in intimidation of the union and alleged several adverse employment actions taken against members of the union, including the investigation and termination of the former president.

Plaintiffs collectively sought injunctive relief to prohibit the City or its officials from “threatening or intimidating” union members in the future. The former president also sought reinstatement and monetary damages.

Defendants moved to dismiss on the grounds that the Civil Service Commission for the City constituted an adequate state remedy, and that the plaintiffs did not have standing to seek injunctive relief because they could not allege the likelihood of future injury.

Following oral arguments, defendants’ motion to dismiss was granted and all claims were dismissed.