Archive for Thursday, August 23, 2012

Former police officer sues city of Basehor, alleging wrongful termination

Basehor City Hall is at 2620 N. 155th St.

Basehor City Hall is at 2620 N. 155th St.

August 23, 2012, 1:14 p.m.

Updated: August 23, 2012, 3:00 p.m.

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More details about former police officer Jason Cory's lawsuit against the city of Basehor are available in the court documents available for download below: Cory's lawsuit petition, and a response from the city, Police Chief Lloyd Martley and Police Lieutenant Robert Pierce.

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A former Basehor police officer is suing the city and three current and former officials in U.S. District Court, alleging wrongful termination among other offenses.

Jason C. Cory, who was fired from the Basehor Police Department in July 2010, alleges that the city — and Police Chief Lloyd Martley, Police Lieutenant Robert Pierce and former City Administrator Mark Loughry — responded to his questioning of some of the department’s practices with hostility, and he accuses Pierce of assaulting him.

The allegations are denied in a court filing by attorneys for the city, Martley and Pierce.

Basehor Mayor David Breuer said neither he nor any other city official was authorized to comment on the case, which the city’s insurance company is handling.

The suit, originally filed last month in Leavenworth County District Court, was transferred on Tuesday to U.S. District Court.

Cory’s lawsuit includes a detailed narrative of alleged conflicts between him, Martley and Pierce when he was employed by the city from 2007 to 2010.

The document says those conflicts came after Cory raised concerns about practices in the police department, which he said included officers disappearing or sleeping on the job and officers being left with unloaded shotguns in their patrol cars.

Cory also alleges that during one meeting with Martley and Pierce in June 2010 — which Cory says regarded the delivery of dirt and a culvert to his home to fix a sewer backup — Pierce struck him on the forearm and the chest. Cory made a sheriff’s report.

In early July 2010, Cory was suspended without pay, and he submitted a grievance to the city. About a week after he was suspended, he was fired.

The case was moved to federal court because the lawsuit claims to concern federal whistleblower laws and the First Amendment, along with state laws. It was moved one day after the Basehor City Council voted to provide a $200,000 out-of-court settlement with Loughry — a defendant in this case — related to his own firing in September 2011.

Comments

Basehorresident22 2 years, 2 months ago

I was curious to see what happened with this case when I read the claim on-line. I asked around town and simple online searches about Mr. Cory. I wonder if he is sueing the other police department that he was fired from? I'm sure it is frustrating to want to be a cop that nobody wants in their city. However, sometimes you just have to accept the fact that you don't always get what you want in life. Some jobs are not made for everybody. I would love to be a pro football player but I doubt I could sue the NFL for not letting me play. If I was fired from two departments in two states within a few years of eachother I would probably get the hint. But I am capable of accepting resposibility for my actions, not everybody is. I hope Mr. Cory is happy where he is now. I know the company he works for and it is a good company.

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LightTheDarkCorners 2 years, 2 months ago

Three questions: Why was this not reported by the Sentinel when it was filed a month ago rather than waiting until one of the defendants was paid off? Why is the city going to court on this and settled the other claim? If the city is found liable and Loughry at fault, will he return his ill gotten gains?

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Thinkaboutit 2 years, 2 months ago

Answer to question 2: Because the city realized that our council screwed up. I am not saying Loughry didn't deserve to be fired, but you have to follow rules and contracts when you do something. Our council did not! Loughry was wrong in his actions but two wrongs don;t make a right!

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MzR 2 years, 2 months ago

This was bumped up from county district court to a federal district court, holy cow!

This appears to be way more serious than the Nov.'s Notice of Claims, and way more serious than the above commenters want to admit. Maybe that's why they're mud slinging already.

As usual, nothing heard or read so far backs up the above attacks on this former officer who's attached lawsuit appears that he was committed to protecting and serving our town, as well as the other officers, and that's the thanks he got--getting fired for it.

Where's the spine of the other officers, to stand with him against the PD's "hostility" when caught not following safety procedures against them, let alone treating a resident's ID theft as a non-crime, and whining about rescuing a child who's dying!??!!

And the city's demanding a court trial instead of a settlement?? Guess they figure they can talk/lie their way out of this one, too.

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johninbasehor 2 years, 2 months ago

In all probability, it is the city's insurance carrier that is demanding a trial. The insurance carrier, I am sure, has already had depositions from all parties and with advice of their legal team, they probably think that this law suit is frivolous and will be tossed out of court.

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LR 2 years, 1 month ago

"...I am sure, has already had depositions...will be tossed out of court..." You sure are "sure" about a lot of things. Must be one of the "insiders."

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Thinkaboutit 2 years, 2 months ago

Of course it wouldn't go to district court in Leavenworth! They are involved in the case with the battery claims. Yes "claims" not "Charges".

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LR 2 years, 1 month ago

Above article's quote: "The case was moved to federal court because the lawsuit claims to concern federal whistleblower laws and the First Amendment, along with state laws." If it was true what you've said, by law that would've had to be listed, and the above article would've quoted that.

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LR 2 years, 2 months ago

Hummm...City PD didn't have any qualms about Lt. Pearce having been fired from his former police dept. (porno charges), so why be bothered about this officer's past PD experience, especially when not presenting any, repeat any, facts about it, only gossip and opinions?

And that last statement, #22, is an implied threat you're giving to his current job. Is that what you're intending?

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Basehorresident22 2 years, 2 months ago

Threat? What threat? I was complimenting a company! Lr... You sound angry! Why?

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LR 2 years, 1 month ago

Yep, knew that calling you on your implied threat would hit pay dirt, and you just proved it with your tacit admission of guilt.

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johninbasehor 2 years, 1 month ago

LR, you need to take your meds. I think you are paranoid. All 22 wrote was that he knew the company and it was a good company. Do you hear voices all the time or just part of the time?

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LR 2 years, 1 month ago

Meds...paranoid...crazy...angry...voices all the time or part of the time...all diversionary labels to get the focus off the guilty ones and what they're doing, which was an implied threat.

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Basehorresident22 2 years, 1 month ago

Ok I don't know what you are talking about. You sound crazy. I was complimenting a company that the guy works for. I do not know him. I know the company. I hope he is happy! That is all. Police work hasn't worked out so I hope this does! I hope his law suite fails due to the fact that I live in the city and as of now I trust our police department and don't want them to have to pay this huge sum.

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LR 2 years, 1 month ago

LOL! Discrediting the officer you "don't know" by libeling him about an alleged former job that either didn't bother, or just plain didn't exist, when the city's PD hired him, but you're expecting us to believe that you hope this guy you "don't know" is happy at his new job, and that you're merely "complimenting" the current company he just happens to work for...That fits the definition of an implied threat.

As to the money you're worried about, none of this would exist if we had honest/competent people working for us down at city hall. If you really truly live "in the city," then join with the rest of us who want honest, competent city employees, who aren't above the law.

The trouble begins when an honest/competent employee refuses to be assimilated into the corrupt cabal, and a phony case is built to get rid of them. Our at-will state laws say it has to be for "just cause," but the above response from Martley/Pearce says it can be for "no cause."

The whistleblowers are the real heroes. And they get treated like bovine excrement.

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Paul 2 years, 1 month ago

Bashorresident22,

Are you joking. You slam this Officer Cory, then ask why he might be upset with his response. Man, wake up and stop stirring things up. You never met him and yet you are bad mouthing him and yet claim "otherwise". I understand your name is Pearce and you got fired yourself. ? I see alot of jealousy here, and I am just a interested paper reader, who can read between the lines on what is going on here.

I understand Chairman Loughry fired Cory, and 2 years later the City fired him. The City claims they are glad Loughry's gone. ( in the paper) They also paid him what 250,000 severance ? Don't you think maybe all decisions made by Loughry be reversed ?

The City of Bashor sure sounds like they are too proud to admit their mistake in firing Cory. Now their ignorance is really going to cost them by letting it go to the FED. COURT. If I were Cory I would stick it too them for their actions or lack of and not settle for anything less than 2 Million.

I hate politic's and it sure sounds like it here.

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Basehorresident22 2 years, 1 month ago

My name is not Pearce. I logged on to inform people what I have heard about Mr. Cory. That is all. I even stated that this is just what I heard around town. I am not associated with Basehor PD other than living in the city they patrol. I didn't realize people would be so angry about an anonymous post. I just thought it was interesting that he was fired from another police department just a few years prior to Basehor. Sounds like police work isn't for him. Atleast thats what 2 of the 2 cities he worked for thought. Hell im not cut out for a lot of jobs, but I don't sue all of them. I did look into the Pierce (not Pearce) information. It says on line that the decision to fire him from his old city was actually overturned. Again this is all from word of mouth and online searches. I thought these posts were here to help spread information not argue with angry citizens. I do stand by my statement (not threat) I hope Mr. Cory is happy where he is. The company he works for is a good company that does good work. I know several others who have and still work there.

LR.. You really do sound insanely angry in the majority of your posts. Hope your day/week/month/year/life gets better soon. Lifes to short to get that amped up over a online post. Im not importantant enough to get that mad at.

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MzR 2 years, 1 month ago

"...sound insanely angry..." None of LR's posts sound any such thing. What's your real beef with LR? Too much truth gettin to ya? Talking to Paul, and then you switch over to taunting LR with a fake scolding. Hahahahaha! Anything to make people quit reading this article, ha!!

Pierce/Pearce's former job found him doing porn on the job and fired him. It didn't get "overturned," it got "modified" from hard porn to soft porn, which allowed him to return, which he did, and then later was recruited by Basehor PD since he'd worked for them in between time. The Topeka Capital published it, which was posted on an earlier article, therefore, hard-core evidence that it happened, not like the verbal assaults given above against the officer.

Agree with Paul on all his key points. Loughry's buddies keep saying proper procedures weren't followed in firing him, when Loughry was caught doing something wrong, and gave him all that money. BUT nobody wants to admit that they, AND Loughry, threw all those past victims under the bus for doing their job correctly and refusing to do their illegal orders!!

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Paul 2 years, 1 month ago

Okay Bashorresident 22 and your buddy. I will quote you " I thought these posts were here to help spread information not argue with angry citizens" .....This article raises concerns and starts a debate, Not a fight.

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Basehorresident22 2 years, 1 month ago

Good luck all. I am not going to argue with people. I was just telling what I heard and saw on line. Hopefully basehor dont let an old police officer that can't cut it in any city scare them into paying because he can't keep a job.

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StandforSomething 2 years, 1 month ago

"just telling what I heard and saw on line"

Have been looking online myself and have not been able to find anything on the former officer who filed the lawsuit as being terminated elsewhere. Can you give a weblink to what you saw online?

As to what you've "heard," would assume you know somebody who's at the PD who's giving you information regarding his former jobs, rather than just heresay from around town, or making things up to just bash the guy for no reason.

Stating that this officer has been fired from two jobs, but without back-up facts and cited sources, can make you look like a total jerk, and I'm trying to give you the benefit of the doubt.

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Basehorresident22 2 years, 1 month ago

I herd from a buddy I have in law enforcement. Informed him that a former officer was suing basehor. He read the claim and recognized the name. He asked around and found out Mr. Cory was fired from a department in missouri. Yes as I said this is just what I have heard.

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Paul 2 years, 1 month ago

basehoresident22 . I have already caught you lying. You said "I am not associated with Basehor PD other than living in the city they patrol " , and now you claim you have a friend who works for Basor PD. Do you always like to stir things up on hearsay. Where is your proof.

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LightTheDarkCorners 2 years, 1 month ago

JohninBasehor, Basehorresident22: Stop with the personal insults and attacks. If you have verifiable information to add to the conversation, do so. Otherwise back under your rock please.

Pierce was fired by Edwardsville probably as collateral damage - he was caught with the porn thing during a corruption investigation that led to the dismissal of three other officers. He got his job back with a union action FOP - a year later. If you have any experience with union dismissal arbitration you know that they are pretty well fixed so that employees win over 90% of the time.

Basehor in its wisdom hired him while he was still under the dismissal cloud.

What does it mean that this has been moved to Federal Court? It probably means that the city and insurer will settle - Federal Courts have loser pays. If Cory's attorney took this on contingency he would avoid the Federal Court like the plague unless he was pretty confident.

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LR 2 years, 1 month ago

"Basehorresident22" >> As stated previously, behavior disorders training helps to understand what kind of corruption and abuse has been done against the former city attorney, former HR clerk, and to those multiple PD victims that "basehordreams" referred to in prior articles.

Those who abuse others, or those who support abuse just to be accepted, go on the offensive at those who want corruption and abuse stopped. Why? Because it is they who are really the "insanely angry" who want to continue their compulsive addiction to power and gain.

Bullies use about 15 tricks (as per bully studies in the UK who have outlawed it), and go to #15, calling somebody mentally ill/insane for discrediting and button-pushing, when none of the other 14 tricks don't work on their targeted victim. High turn-over rates are symptomatic of a bully entrenched management hierarchy where the usual 15 tricks are used in the work environment to maintain the systemic corruption. It only serves their interest, not the public's.

Now back to the "spreading of [accurate] information" here >> It is about trying to determine why the corruption and abuse is going on down at city hall against innocent, non-contract victims doing their jobs correctly in the first place, past and present, and wanting it stopped to avoid future non-contract victims who get the ax for doing their job correctly, and who are then forced to rely on litigation to expose management's destructive and wasteful behaviors.

As Paul said - where is your proof? Maybe you work in Basehor's HR Dept.? Interviewing people out on the street to find out about a person's prior employment record is ludicrous, and last we heard, even with at-will states, a former employer can only give the dates of employment, not about any "action" taken for or against a former employee. Pronouncing somebody guilty by mere accusation doesn't work and is just the usual demonization of somebody you're choosing to see as an adversary.

Where in Missouri, and how do you know for a fact what allegedly happened there? Only unshakable facts, not street rumors, can add to this "spreading of [accurate] information," and we'd like to hear them.

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LightTheDarkCorners 2 years, 1 month ago

The arbitrator in the Pierce vs Edwardsville deal was Dr. Anthony L. Redwood former executive director of the former KU Institute for Public Policy and Business Research. This is now the Institute for Policy and Social Research - the renaming a rare example of Moscow on the Kaw changing a name to admit their bias rather than covering it up.

He has masqueraded as a "neutral" abritrator. What normally happens is that the union side will propose Marxists for the first name or two to push the employer into accepting an everyday progressive socialist as "neutral" and the best their ever going to get the union to agree to.

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Basehorresident22 2 years, 1 month ago

I am not an employee of basehor in any way. My law enforcement source is not a basehor employee! And I never said this information was fact. I have said several times this information is all what I have heard. I heard he was fired from independence. This is not hard core UK behavioral study fact. I heard this from a friend. Not the employer. I know nobody who has ever or currently works for independence. I know people in Missouri law enforcement who knew of Cory. Not personally. That is all the information I have. Again this is just what I have heard. If It is incorrect I apoogize but I feel my source is credible so I spread the word. I cannot be more clear. I didn't realize I was testifying here. I am done explaining myself to a bunch of people I hope I don't know that are taking these post way too serious. None of these posts matter people. You quote people and UK studies all day. In a week this page will be old news.

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ProudOfOurCity 2 years, 1 month ago

LR, MzR, Light The Dark Corners (aka Washington's) There is a hot air balloon waiting for you with your name on it. You only need to supply the fuel and God knows you have an abundance of that! Let it go...................and please go up, up and away. Far away!

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StandforSomething 2 years, 1 month ago

ProudOfOurCity: Thanks for the advice about taking a hot air balloon ride. Sounds like fun.

Do you, by any chance, work for the city, because it appears that you want all of this to just "go away," including anyone who asks questions?

For the purposes of this discussion, let's take your suggestion to its logical conclusion. If everyone in Basehor who was sick and tired of what's going on at City Hall were to leave, as you repeatedly suggest, consequently denying the city a tax base, where would city hall get a steady supply of suckers and useful idiots to keep the game going?

Balloon rides do not work, and ordering everybody to move out of town, won't work. Whadyasay? Got any better ideas?

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ProudOfOurCity 2 years, 1 month ago

I am sticking with my original suggestion. Sounds to me like a very small group of people who are unhappy and negative about everything that happens in Basehor (good or bad). This negativity will only breed more negativity. This type of behavior will not shed a good light on Basehor. Good citizens will eventually give up and move away and good people will not move here. Maybe that is what you hope for. Then Basehor will truly be left with nothing but idiots. The mayor and city council could be made up of LR, MzR, Light the Dark Corners, StandforSomething, and a few more negative suckers.

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johninbasehor 2 years, 1 month ago

All these negative comments and arguing comes from 3 ip addresses. Three households with multiple computers with same people having more than one user name. Let them argue among themselves as nobody cares what they think. MZR and LR same person for example!

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LR 2 years, 1 month ago

Tsk, Tsk..."projecting" what you're doing onto somebody else again.

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StandforSomething 2 years, 1 month ago

Basehor Sentinel, do you give/sell posters' IP addresses to people requesting them, or is this "johninbasehor" your employee who hacked them, or is he just mouthing off again?

3 IP addresses, 3 households, 3 people, with 3 user names, but 2 are the same person, and that makes it being one person running around to 3 different households using their computers to argue with themselves. Is that what you really intended to say above? If you want to make a threat about finding where posters live who disagree with you, the correct # of IP addresses should be 8, with 5 who seem to be in agreement with each other about wanting something done at city hall and asking for proof of above allegations against the whistleblower, and you 3 jokers who want all of us to go away in a balloon.

And you all are okay with the idea that our local officers could be called on a crime scene with empty shotguns in their car, just because "officer Jennifer" said in a prior post that it's ok, you just get the key to the ammo cabinet from the police chief or Lt. Pierce because they're available most of the time?

And the police chief is admitting that he's been "unfair" to officer Cory because he didn't want the former police chief Horner to hire him--well, who the H*** is he, the mafia boss, who has to be asked to hire somebody?

The chief also admits that Mary Mogel, the HR clerk, cost him $4,000 that he had to pay back (doesn't say the reason but hints that he wasn't supposed to have the 4-grand in the first place), and then Loughry is quoted as saying that's why officer Cory is having so much trouble, because he'd gone to Mary Mogel to file a hostile work environment, and "what happens in the Basehor PD stays in the Basehor PD."

Then there's the chief refusing to take a crime report from a Basehor caller who got both his social security card and money from his bank account stolen, griping with Lt. Pierce about spending budget money on rescuing a dying child, threatening the officer with his job if he doesn't sign a bogus write-up over some cockamamey "dirt investigation" done by Lt. Pierce against officer Cory just because his own son who worked for the city dumped dirt in the wrong place causing his son to get chewed out from his own supervisor, and last but not least, Loughry and Martley both refusing the officer any hearing, any appeal, or even having the city council be the final authority to determine if there should be a termination at all, as per the city's policy at that time.

Those are just the highlights of the above posted lawsuit, and the above 3 posters want to accuse 5 other posters of being only 1 or 2 people being mad, being insanely angry, being crazy, being negative, arguing among themselves, and "we know where you live cuz we got your IP addresses" type of BS.

And your duty as trolls is exactly what again--run off any posters who might expose too much? How much do they pay you, 30 pieces of silver?

.

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whostheboss 2 years, 1 month ago

Reading all of this is better then watching recorded late night TV. All these post have to be written from what is put in the paper and people need to remember that with all stories you truly have three sides, Yours, Theirs, and the Truth.

So after reading a lot of these post I went to a meeting and seen about eight people in the room. The room was divided from front row, then back row. The women in the back row talk during the whole meeting and are really disrespectful but the older men in the front row just sit their.

All you talk like you attend and partake in all the meetings and if so where were you at? I seen discussions between the commissioners and mayor but nothing like what sparks these kind of post i have been reading.

It is sad that you get so defensive because someone makes a comment about something a certain person posted. People should not be so angry. You live in the same community just get a long or stop posting. Geeezzz as somebody put it. Let it go...

I do not need any comments because i have not slammed anybody, so if you decide to bash me for my little post then it will really show you are truly an angry no life having pathetic excuses for a "ELF" aka...little person ( person's). Now lets all watch Jimmy Kimble.

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Friend 2 years, 1 month ago

I actually know and have known Officer Cory since we were kids in high school but please don't make this about me! I just want to let you know the facts.

He went into the military as an MP (Military Police) and devoted 8 years of his life to serving our country! He was honorably discharged and started his endeavors into law enforcement being that is what he does best.

I'm not trying to be one sided with my comments but I need to make sure that those who don't know him, stop making unfounded or make up opinions of his life/work.

As far as his job at Independence, he beat out almost 200 people for the position and was NEVER laid off. He left on his own terms to pursue work in a smaller town where he hoped what he did would make a difference! Now I don't know exactly everything that happened in Basehor, but I do know who Officer Cory is and what he stands for! He wants to help people. That is why he became a cop and served his country in the first place and won't stand for those who try to abuse the system. I say good for him!

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