Amacher fights federal contempt subpoena
DUANE SHERRILLEditor
A showdown of sorts may be played out inside the Federal Court Building in Chattanooga on May 4, as Tullahoma Alderman Jenna Amacher says she is being targeted in a politically motivated move that has seen her served with contempt of court papers for not producing documents as ordered by the court in the case of Kurt Glick versus the City of Tullahoma.
However, on the opposite side of the aisle, attorneys for Tullahoma maintain Amacher became a witness in the suit when she involved herself in the case, in which Glick, now a sitting alderman, is suing the city for age discrimination – a lawsuit the city says Amacher encouraged. And, the defendant (Tullahoma) points out that Amacher has made public her inside knowledge of the case by posting online videos talking about facts the case.
Citing her posts on Facebook Live, attorneys for Tullahoma say Amacher “unquestionably injected herself as a witness” and cite three reasons for their allegations. First, in a pleading by Austin C. Evans, who is an attorney for Tullahoma in the lawsuit, he maintains that “in not so many words” Amacher told Glick he should sue the city after she became upset during an executive session in which she felt “he was done wrong” by the city.
Second, the attorney maintains that on Facebook Live Amacher seems to confirm she has comments “on tape” concerning the case. And third, the court documents filed by Evans maintain that “Ms. Amacher (and Glick) used their official positions within city government to intimidate and retaliate against the defendant’s (Tullahoma’s) three principal fact witness, causing two to seek employment elsewhere”. The attorney points out the third, believed to be HR Director Casta Brice, is on paid administrative leave.
The defense contends Amacher was sent to city hall to personally investigate Brice.
“She vocally supported him (Glick) suing the city and she personally investigated (at the plaintiff’s insistence) one of the defendant’s principal fact witnesses on Feb. 1, 2023 at city hall,” Evans wrote in his federal filing. “Soon after, she and plaintiff voted to put the principal fact witness on paid administrative leave pending a full investigation.”
Evans maintains Amacher, in her own words, made herself a witness in the suit.
“When coupled with the plaintiff’s statements captured on audio recording on Feb. 1, 2023 (“I tell you what, that’s just the first, that’s – that could be the big excuse for saying, ‘I think we need another investigation into HR – she just gave us our excuse),” the court paper reads. “The events at city hall demonstrate the plaintiff’s retaliatory motive and intent.”
However, Amacher in her objection and motion to quash the order, maintains subpoenaing information from the Feb. 1 city hall event is beyond the scope of the case.
“The discovery request pertaining to the events of February 2023 involving a city alderman’s discovery of impermissible shedding of documents is beyond the scope of these pleadings,” Amacher wrote in her response. “To allow otherwise would be contrary to public policy as an alderman acting in her official capacity would have qualified immunity.”
Elsewhere in her court pleadings, Amacher says “[She] is a duly elected official and was acting in her official capacity on the days in question investigating a complaint by a whistleblower. The events of which are two years after the events that led to the claims of Mr. Glick.”
Amacher wants the court to dismiss the subpoena and issue a protective order from any “further abusive” discovery requests.
Cutting to the chase, Amacher contends that fishing for “multimedia” files in the case “is only sought to harass, defame, and that which is politically motivated”.
Amacher also warns that the defendant’s actions in trying to compel her cooperation could “reasonably create more liability on behalf the city of Tullahoma”.
As of press time, the hearing on the pending motions was set to be heard before U.S. Magistrate Judge Christopher H. Steger at 2 p.m. (EST) in Courtroom 1B of the United State Courthouse and Federal Building at 900 Georgia Avenue in Chattanooga.
