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Judge Tosses Lawsuit against Pueblo LibraryA federal judge has dismissed a $1-million lawsuit filed against the Pueblo (Colo.) City-County Library District by its former human resources director. Senior U.S. District Judge Richard Matsch ruled September 25 against Helen Tomicich, whom the library board fired in 2003 after critics questioned the validity of her doctoral degree.In his five-page decision, Matsch said Tomicich and other library employees could “be terminated at any time with or without cause” because they were “at will” employees. He also dismissed Tomicich’s charge that board members fired her in retaliation for her public comments about then-director Richard Lee, in violation of her free-speech rights, ruling that since she had made the remarks as part of her duty as human resources director, they are not protected by the First Amendment, the Pueblo Chieftain reported September 26. Matsch also dismissed Lee’s countersuit alleging that Tomicich made defamatory statements against him in her lawsuit, concluding that comments in court filings “are privileged statements and are not a basis for a defamation claim.” Posted September 29, 2006. |
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