Fired Carbondale officer files suit

Wayne White | Managing Editor

CARBONDALE—A former Carbondale police officer fired in February has filed a wrongful termination lawsuit against the city, seeking $75,000 in damages.

Gregory Wallace alleges in a petition filed in Osage County District Court July 30 that the city of Carbondale terminated him in retaliation for a workers’ compensation claim. In the petition, Wallace says he was involved in an automobile accident while on duty Oct. 29, 2007, and suffered injuries to his neck, back, hip and arms.

While the workers’ compensation claim was pending, Wallace’s employment “was improperly and unjustly terminated” by the city, the petition states. Wallace claims in the petition that he had performed all duties of his position in a professional, effective and thorough manner.

“Plaintiff’s termination by the Defendant was improper in that he committed no act that would justify his discharge for any cause other than the filing of a workers’ compensation claim,” the petition says.

Contacted Tuesday, Carbondale’s city attorney, Sue Devoe, would not comment on the lawsuit.

“The city is represented by outside counsel and will have no comment on it,” Devoe said.

Wallace and former Carbondale officer Shane Quigley were fired during a Feb. 9 special meeting of the city council, but the reasons for the terminations were not made public.

Wallace said in February he was told he was fired due to theft of a soft drink from a local convenience store. Devoe later confirmed that no criminal investigation was ongoing due to the allegation.

Wallace also said he had been targeted by the city council since 2007 when he wrecked a patrol car. He said he had a clean work record and had no complaints in his personnel file, noting he had been cleared of any wrongdoing in an incident that happened last year during the city’s street dance. In that incident, a parent accused Wallace of improper treatment of a minor at the dance. An investigation by a Missouri police department determined “Wallace conducted himself in a safe and professional manner given the situation which was at hand the night of the incident.”

Wallace noted the city council had recently given him merit and longevity raises and he had been promoted to rank of corporal Aug. 1, 2008.

At the time of the firings, Quigley had been a full-time officer at Carbondale for one year and Wallace had been a full-time officer for over two years.

In the lawsuit filed by Topeka attorney Gary E. Laughlin, Wallace seeks a judgment of $75,000, court costs, interest and attorney’s fees.

“By virtue of the Defendant’s wrongful termination of Plaintiff’s employment, the Plaintiff has and will suffer economic damages in the form of lost income and damage to the Plaintiff’s reputation …” the petition states.

The petition also demands a trial by jury.