Federal Judge orders Amacher to turn over evidence

DUANE SHERRILLEditor

A federal judge has directed Tullahoma Alderman Jenna Amacher to cooperate and turn over any evidence she has in fellow Alderman Kurt Glick’s age discrimination lawsuit against the city of Tullahoma or face the consequences.

The order was put down by Federal Magistrate Judge Christopher H. Steger following an hour-long hearing in U.S. District Court in Chattanooga this past Thursday. His decision, which will be announced in written form once he has read all pleadings, came after attorneys representing the city of Tullahoma in Glick’s lawsuit, suggested Amacher was dragging her feet in cooperating with their request for recordings she had placed on Facebook and their request to depose her.

“She is giving the process the proverbial middle finger,” claimed attorney Robert M. Burns, declaring in all of his 30 years in the practice of law has he had to go to such lengths to get information that he feels is ‘certainly fair game’ when it comes to discovery in the case. “I can’t see any purpose in this other than to obstruct and muddy the process.”

Burns noted that Glick’s team had even listed Amacher as a potential witness, further baffling why she would resist complying with discovery. Burns went on to say that it would appear that Amacher is supportive of Glick’s lawsuit and suggested that Amacher and others on the city council had “made conditions so intolerable” for some of the defense’s witnesses that they had resigned from their posts.

“They (some aldermen) formed a team to take out defense witnesses,” Burns maintained before specifically referring to former City Administrator Jennifer Moody. “They made conditions so intolerable that Mrs. Moody resigned and took a job in Nashville.”

Amacher, who had shook her head in disagreement several times while Burns addressed the court, resisted Burns’ suggestion.

“It is untrue that I’m trying to give the middle finger to you or Tullahoma,” Amacher said, maintaining her resistance has been in trying to protect the city of Tullahoma. “Let’s limit the liability of the city.”

Specifically, Amacher pointed to the continuing case of HR Director Casta Brice, who is on paid leave. Amacher maintained there is a criminal investigation taking place concerning things like the shredding of documents in something she has referred to as “Shredder-Gate” in the past.

“I don’t think we need to go down this rabbit hole because on the other side is more liability,” Amacher said concerning the ongoing investigation in the shredding of documents.

As for claims Amacher and others are bullying defense witnesses in the lawsuit, Amacher again said their concern is limiting liability for the city and being transparent. Calling Mayor Ray Knowis “a weak mayor,” Amacher suggested the makeup of the city board is now five-to-two after the last election, with the five generally seeing things the same as she does.

After listening to the sides, Judge Steger said Amacher had no valid excuse not to cooperate with the subpoena.

“‘I don’t want to’ is not a good defense,” the judge declared, ordering Amacher to participate in a deposition (which could last up to seven hours) and to produce any evidence requested by either side in the case.

Amacher interjected that she no longer has the phone that she used to upload the video onto Facebook that the defense is looking for. The judge responded that she should put that in writing and then tell attorneys how to get ahold of the evidence.

“Reply to every item,” the judge advised. “If you have it and don’t give it to them, then you will be in trouble. I’m here to educate you.”

The judge said he felt Amacher was “well-intentioned” but suggested she did not want to be called back to his court to answer why his orders were not followed.

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