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PDF versionOGDEN -- Former Ogden Human Resources Manager Dean Martinez has been barred from refiling a lawsuit against three of the city's top administrators alleging racial discrimination contributed to his firing in 2006, a federal judge has decided.
U.S. District Court Chief Judge Tena Campbell last week dismissed the lawsuit against Chief Administrative Officer John Patterson, Mayor Matthew Godfrey and City Attorney Gary Williams with prejudice, which means Martinez can't bring the same complaint against the trio again.
Martinez, who was representing himself in the lawsuit, asked the court to dismiss the complaint without prejudice so he could refile it once his financial situation improves.
Campbell sided with attorneys for Patterson, Godfrey and Williams who argued that Martinez failed to prosecute the case with reasonable diligence.
She also noted in her order that Martinez failed to appear for a motions hearing Wednesday.
Martinez said in a handwritten note included in court records that he mistakenly thought the hearing was scheduled for Thursday.
Martinez, who could not be reached for comment, also requested in the note that Campbell rescind her decision to dismiss his lawsuit with prejudice.
Campbell's ruling is based on the merits of the case and not Martinez's absence from last week's hearing, Williams said Monday.
Patterson said he is pleased with Campbell's ruling.
"I knew justice would eventually prevail and the truth would come out," he said. "I'm grateful that has finally occurred and that the case has been dismissed and will no longer plague us."
Godfrey could not be reached for comment.
Martinez was fired in December 2006 for dishonesty and misappropriation of city documents, for taking home confidential personnel records involving a municipal employee and then providing them to another person, city officials have said.
Scott Brown, the city's former business development manager, has said he believes his personnel file was stolen by Martinez.
Martinez contends, as human resources manager, he was authorized to access the file.
Martinez, who is black, alleged in his lawsuit that Godfrey, Patterson and Williams created a hostile work environment and engaged in retaliation, discrimination and defamation.
He also contends his annual salary of $63,136 was significantly less than what the city paid white managers with similar responsibilities.
Martinez had sought reinstatement to his former position, along with unspecified back pay and compensatory and punitive damages.
Sad and unfortunate
It seems as if he who has the money gets the decision. Dean Martinez was fired for doing his job. His only mistake was in trying to enforce rules meant for everyone when one of Godfrey's cronies broke the law.
As payback, I know that he has had trouble finding employment because Godfrey manages to ruin any chance he has for being hired elsewhere.