First hearing in lawsuit against Lynchburg, expected today

A $500,000 free-speech lawsuit against the city is expected to have its first hearing in federal court this morning.

The city is seeking the dismissal of the complaint filed against it by local police detective John Romano. The hearing on that motion has been scheduled for 10 a.m. at the federal courthouse in Lynchburg.

A flurry of briefs and responses has been filed by both sides in this matter during the past week. The city has asserted that Romano has no grounds for seeking legal damages and asked that he be sanctioned for filing a frivolous lawsuit in bad faith.

Romano’s attorney has argued his client has been kept under a “cloud of retaliation and possible termination” since the events that sparked the suit occurred. Romano is alleging he was threatened and harassed by the city manager, in violation of his First Amendment rights, after he publicly criticized the manager’s budget choices.

The basis of his complaint is an April 3 meeting during which City Manager Kimball Payne confronted him about his past comments. Romano secretly recorded that conversation. The resulting tape captures Payne telling the detective in part:
“You’re gonna get away with it this time because I’m not a vindictive person, but don’t pretend you can do that because it’s gonna make a difference in your career, and you’ll never be able to prove it didn’t.”

Later in the conversation, Payne apologizes and says he does not plan to do anything to Romano. The city says the detective was never subjected to any disciplinary action. He is still employed by the Lynchburg Police Department.

In its memos to the court, the city denies that Payne’s actions rise to the level of a constitutional violation. It also stresses that no action was ever taken against Romano and maintains that he is not entitled to any damages.

Romano is seeking $250,000 in compensatory damages and $250,000 in punitive damages. His attorney is arguing that the city manager’s statements were intended to prevent Romano from speaking out further and qualify as a form of illegal censorship known as “prior restraint.”

Lynchburg’s usual federal judge, Norman K. Moon, has been recused in this case. Judge James P. Jones, chief judge for this district of the federal courts, will serve as a substitute.