A federal court judge has set aside a verdict rendered by a jury against Trenton Mayor Tim Whitaker and a gag order issued in the case has been lifted.
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A federal court judge has set aside a verdict rendered by a jury against Trenton Mayor Tim Whitaker and a gag order issued in the case has been lifted.
Western District Court Judge Dean H. Whipple ordered that a motion for ?judgement as a matter of law? filed by Whitaker?s attorney be entered in his favor, thus vacating a jury decision to award Trenton businesswoman Carolyn Garcia monetary damages in a lawsuit she had filed against the mayor. Mrs. Garcia had filed the lawsuit against Whitaker and Police Chief Bob Lewis, citing that her first amendment rights had been violated because of four parking tickets she had received over a nine-month period.
A jury in February ruled in favor of Mrs. Garcia against Whitaker, awarding her $5,000 in compensatory damages and $20,000 in punitive damages damages. The same jury found in favor of Lewis. Both sides were then given 25 days to file motions before the judge rendered his final order, which was issued late Friday.
According to the ruling, Whipple said that the “receipt of four parking tickets over a nine-month period will not chill a person of ordinary firmness from exercising their constitutional rights.” Mrs. Garcia had claimed that Whitaker and Lewis were angry at her complaints that the city’s bicycle ordinance was not being enforced and had issued her parking tickets in retaliation.
As part of the original case, the judge had issued a gag order for both sides, not allowing them to discuss the case until a final ruling was made. That order was lifted as part of the final judgement.
Mayor Whitaker said he was pleased that the case has been settled and hopes that now the city can move forward in a positive manner.
The judge’s decision could be appealed to the Eight Circuit Appellate Court in St. Louis.