Summary

Former county employee R.L. Dowdy has abandoned his $1.3 million lawsuit against County Mayor Jerry Cunningham and Highway Superintendent Bill Dunlap.

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R.L. Dowdy lawsuit against county mayor, highway superintendent dismissed

By Joel Davis
of The Daily Times Staff
Originally published: July 25. 2009 3:01AM
Last modified: July 24. 2009 11:44PM

Former county employee R.L. Dowdy has abandoned his $1.3 million lawsuit against County Mayor Jerry Cunningham and Highway Superintendent Bill Dunlap.

Blount County Circuit Court Judge W. Dale Young on Thursday dismissed the lawsuit at the request of Dowdy's attorney, James A.H. Bell, who had filed a notice of voluntary non suit. Young taxed court costs to Dowdy.

Dowdy, who could not be reached for comment on Friday, had filed the lawsuit in Blount County Circuit Court in February, alleging that Cunningham's 2007 decision to not reappoint him to the Blount County Fire Prevention District Board and his Feb. 6, 2008, firing from the Highway Department were part of a conspiracy.

Dunlap expressed relief about the dismissal. "I'm just tickled," Dunlap said. "It's a weight off my shoulders that should have never been there. I'm just glad it's over. We're going to talk and see what our options are. I personally do not feel the county ought to be strapped for the attorney's fees."

Prior to leaving the fire prevention board, Dowdy had been in a dispute with Cunningham about the mayor's appointment of Larry Graves to the seat vacated by Jimmy Cox, who had attempted to rescind his resignation from the board after it had been accepted by then-acting County Mayor Robert Ramsey.

In the lawsuit, Dowdy claimed that he knew of illegal and unethical activities taking place in the Highway Department. In the complaint, he alleged that Dunlap allowed employees to charge personal purchases to Highway Department credit accounts, used county funds to make purchases for personal use, forced employees to perform tasks for his personal benefit or that of county officials, gave government assets to private individuals, forced county employees to falsify invoices and forced county employees to pose as him while taking tests to gain certifications in his name.

The complaint described Dowdy's firing as "retaliatory."

The complaint said that county officials, when terminating his employment, accused Dowdy of alleged violations that "included using his work-issued cell phone too much and possessing inappropriate/distasteful e-mails. Apparently, plaintiff had used more than 6,800 cell phone minutes during a four-month period."