The Blytheville City Council voted 4-0 Thursday afternoon to settle a lawsuit with former Blytheville police officer Dewayne Lindsey.
Reluctant Council members agreed to pay Lindsey $2,000, with the Arkansas Municipal League paying $1,000 of that money.
Lindsey was fired from the Blytheville Police Department Aug. 29, 2008, after allegedly stealing a .45 caliber Wilson Combat handgun from Dr. Gerald Husted's Wildwood Cove home while on duty during a July 3, 2008, burglary call. According to police records, he later tried to sell the weapon to fellow Blytheville police officer Terry Byrd.
On Nov. 16, he pleaded to one of the two offenses he was charged with in the case.
Before the Municipal League took the case, the city was out a $3,000 Municipal League fee.
Blytheville Mayor Barrett Harrison said the Municipal League attorneys suggested the city settle.
"In the original lawsuit, I think they were asking $500,000 in damages," Harrison said. "I don't remember. There's been so many of those I may not have that one exactly right. Anyway, there has been an offer to settle the case for $2,000. You all will be on the hook for half of that, $1,000. The municipal league attorney would like for you to seriously consider that."
Blytheville City Attorney Mike Bearden said: "It's really just nuisance value."
"If that's what we need to do, I'm for it," said Councilman Mylas Jeffers, who chairs the Police and Fire Committee. "I just question why we have to do that."
Bearden said even though Lindsey pleaded guilty there was a possibility a jury could find that the police department violated his Constitutional rights.
"He could lose and be awarded attorney's fees in federal court," Bearden said. "Since it's an alleged constitutional violation, it could exceed that and probably would."
The city attorney said federal judges have the authority to award attorneys fees "if they are meritorious allegation in the lawsuit itself. If it goes to a jury, I doubt seriously they would win the lawsuit, but nevertheless you would be exposed the possibility."
Councilwoman Shirley Overman made the motion to accept the settlement offer and Councilwoman Shirley Connealy, who is Lindsey's step-grandmother, seconded the motion. When the City Council upheld Lindsey's termination, Connealy abstained from voting or participating in the discussion.
Councilmen R.L. Jones and Jeffers cast the other "yes" votes.
Councilman Monte Hodges abstained from vote. Councilwoman Carol White was absent from the special meeting.
Harrison said the Municipal League attorney was in Blytheville Wednesday to discuss the Lindsey case, and Monday depositions were to begin.
"The only thing you all will be up against is they'll go through the process of the depositions and then once the trial begins, however long that takes, you will be tied up in all that," Harrison said.
Jones said: "I agree that we need to settle it for $1,000, but it still bothers me that the rest of them can come up and say, well they settled that, then they'll settle mine."
Added Jeffers: "I don't feel good about it, but I'll vote for it."
Jones said it looks bad settling the suit.
"I understand, it leaves a bad taste in everybody's mouth," Bearden said. "It leaves a bad taste in my mouth."
Lindsey's attorney, Jim Harris, said he could not say much about the case.
Harris has other lawsuits against the city pending.
mbrasfield@blythevillecourier.com