Change of venue moves extortion and conspiracy case against Polk supervisors to Dallas County
A Polk County judge on Friday granted a change of venue in a civil case filed by the county's former human resources chief alleging he was wrongfully fired for refusing to aid a conspiracy to oust county Supervisor Matt McCoy.
The suit, which names as defendants the county, the other four supervisors and the county administrator, will be transferred to Dallas County.
In addition to wrongful discharge and conspiracy, the suit, filed in September by Jim Nahas, alleges intentional infliction of emotional distress, libel, extortion and other counts.
Judge Larry McLellan granted the change of venue after Nahas' attorney, Nicholas Mauro, argued in a court filing that allowing the case to be tried by Polk County jurors could prejudice them against Nahas because "any judgment may be paid in whole or in part by Polk County and, by extension, Polk County taxpayers."
Meghan L. Gavin, the attorney representing the country, did not object to the change of venue. She has asked that the case be dismissed, but a Dallas County judge will have to be assigned before that request can be considered.
Polk County District Court Judge Michael Huppert, originally assigned to the case, recused himself.
More: Fired Polk HR chief files lawsuit alleging libel, extortion, plot by supervisors
Gavin also has asked that Supervisors Robert Brownell and Steve Van Oort be removed from the list of defendants, which also includes County Administrator John Norris and Supervisors Tom Hockensmith and Angela Connolly.
McCoy has asked to join the lawsuit, in which Nahas accuses the county’s top officials of “knowingly and voluntarily” participating in a scheme to extort and wrongfully discharge him, depriving him of severance, retirement, and other benefits while at the same time defaming him.
The suit says Norris and the supervisors threatened Nahas with a false and defamatory termination letter and then provided it to reporters after he was fired. It says they failed to give him “the required due process to challenge the contents of the letter.”
The release of Nahas' termination letter in March made public allegations by Sarah Boese, the county's director of community relations, that McCoy in a meeting attended by Nahas had made crude and violent statements about her and Hockensmith.
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McCoy has denied the accusation. Nahas' suit contends the supervisors intentionally publicized the letter to force McCoy — a former state senator who it says was trying to clean up county business — off the board. It also alleges that the letter's release was payback against him for refusing during an investigation to corroborate the alleged statements.
In the termination letter, Norris said Nahas was "either evasive or dishonest" when questioned.
Norris has denied all allegations against the county.
Lee Rood's Reader's Watchdog column helps Iowans get answers and accountability from public officials, the justice system, businesses and nonprofits. Reach her at lrood@registermedia.com, at 515-284-8549, on Twitter at @leerood or on Facebook at Facebook.com/readerswatchdog.
This article originally appeared on Des Moines Register: Conspiracy suit against Polk County supervisors moved to Dallas County
