LAKE CITY, Minn. (FOX 47) -- The attorney for a fired Lake City library administrator said Monday he will soon file an appeal of a district court judge's ruling dismissing "with prejudice" her lawsuit against the City of Lake City, its mayor, two council members, and others. Philip Villaume of Bloomington said he will ask the Minnesota Court of Appeals to reverse Judge Terrence Walters' ruling in Sheryl V. Mooers' employment termination damage claim.
Mayor Jerry Dunbar confirmed Friday that a suit brought by fired library administrator Sheryl V. Mooers alleging sexual harassment, breach of contract, retaliation and defamation was "reviewed by Judge Walters and dismissed in its entirety."
Mooers began work as the Lake City Library Administrator on August 16, 2010, and according to her legal complaint, was suspended from her job by the City Council on January 31, 2012, with a hand-delivered notice, and then escorted off the library premises by a city police officer.
Both Mayor Dunbar and City Council member Mark Spence declined to comment on the matter. In the now-dismissed suit, an attorney for Mooers had drafted a complaint accusing Mayor Dunbar of making unwanted sexual advances toward Ms. Mooers with personal actions, phone calls and email messages. The former library administrator had contended that when she attempted to improve the work performance of one of the library staff, Diane Spence, that her husband Lake City council member Mark Spence retaliated. Before Mooers was hired, Diane Spence had also applied for the position.
The district court case file shows that Judge Walters dismissed the suit "with prejudice" on October 8. One way to describe this is that a civil matter which is "dismissed with prejudice" is over forever, a final judgment barring the plaintiff from bringing any other lawsuit based on the claim.
One of the local officials sued was Karen England, the City Attorney of Lake City; neither she or her attorney Peter Sandberg has returned calls for comment. Judge Walters has scheduled a motion hearing in the Mooers case for November 18.
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