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Mediation Memo

Mediation Memo

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Published by PRMurphy
This is the memorandum submitted to the WAMS mediator in preparation for our attendance at court ordered mediation.

Bob, Emily and the crew at Robert Butler Law Firm did a heck of a job preparing for our case, as best evidenced by this short summary of case details pertinent to the claims and the cause of action.

The case binders that I now have contain the full case that was prepared for trial. I remain confident that our success at trial was assured because the legal points were solid.

What wasn't assured was the judgment. We chose to accept the county offer simply because it was a certain resolution that would provide a legal 'win' and would leave us in the black.

The risk was that we could 'win' at trial and potentially be awarded a judgment that could possibly leave us in the red. That was not an acceptable risk to me. I made the wise choice, a business decision if you prefer, and feel strongly that there would have been no offer to settle if the county didn't also see the same outcome.

Mr. Bill Elfo can say all he wants to the contrary, but the fact is that as the plaintiff that filed the suit, the decision to settle was mine and mine alone. It was never his choice.

This is why we would have won in court:

"The Legal Standard:

Under the First Amendment, a public employee has a qualified right to speak on matters of public concern. In order to prove Defendant's deprived Mr. Murphy of this First Amendment right, Mr. Murphy must prove the following additional elements by a preponderance of the evidence:

1: Mr. Murphy spoke as a citizen and not as part of his official duties as a deputy sheriff;
2: Mr. Murphy's speech was on a matter of public concern;
3: Sheriff Elfo took adverse employment action against Mr. Murphy; and
4: Mr. Murphy's speech was a substantial or motivating factor for the adverse employment action."
This is the memorandum submitted to the WAMS mediator in preparation for our attendance at court ordered mediation.

Bob, Emily and the crew at Robert Butler Law Firm did a heck of a job preparing for our case, as best evidenced by this short summary of case details pertinent to the claims and the cause of action.

The case binders that I now have contain the full case that was prepared for trial. I remain confident that our success at trial was assured because the legal points were solid.

What wasn't assured was the judgment. We chose to accept the county offer simply because it was a certain resolution that would provide a legal 'win' and would leave us in the black.

The risk was that we could 'win' at trial and potentially be awarded a judgment that could possibly leave us in the red. That was not an acceptable risk to me. I made the wise choice, a business decision if you prefer, and feel strongly that there would have been no offer to settle if the county didn't also see the same outcome.

Mr. Bill Elfo can say all he wants to the contrary, but the fact is that as the plaintiff that filed the suit, the decision to settle was mine and mine alone. It was never his choice.

This is why we would have won in court:

"The Legal Standard:

Under the First Amendment, a public employee has a qualified right to speak on matters of public concern. In order to prove Defendant's deprived Mr. Murphy of this First Amendment right, Mr. Murphy must prove the following additional elements by a preponderance of the evidence:

1: Mr. Murphy spoke as a citizen and not as part of his official duties as a deputy sheriff;
2: Mr. Murphy's speech was on a matter of public concern;
3: Sheriff Elfo took adverse employment action against Mr. Murphy; and
4: Mr. Murphy's speech was a substantial or motivating factor for the adverse employment action."

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Published by: PRMurphy on Apr 18, 2014
Copyright:Traditional Copyright: All rights reserved

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04/22/2014

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