A federal lawsuit filed against the city of Beaver Dam by former department of public works supervisor Dan Wackett has been dismissed.
The United States District Court for the Eastern District of Wisconsin rejected First Amendment claims with prejudice while dismissing state claims without prejudice. This means Wackett, who retired on Feb. 15, 2008, after 35 years with the city, could file a new lawsuit based on those state claims in state court.
Attempts to reach Wackett Friday were unsuccessful.
The lawsuit, filed Feb. 29, 2008, claimed Wackett was unfairly passed over for the director of public works position, unpaid for work he did as acting director and subjected to emotional and physical distress. The suit also named former alderpersons Terry Capelle, Jeffry Kohman and Gina Staskal and current alderperson Laine Meyer as defendants.
The news of the dismissal was music to Capelle’s ears.
“I’m thankful it’s over and very happy to hear this news,” Capelle said. “I never felt it was warranted in the first place. The members of our committee took their responsibilities very seriously and worked diligently for the city.”
Wackett claimed a vendetta against him
began in 2003 when he spoke publicly against a board of public works’ recommendation to purchase a Caterpillar front-end loader which was the highest of three bids.
The city council eventually rejected the board’s recommendation, which was approved at one time or another by all four individual defendants, and eventually approved a bid recommended by Wackett.
From that point, Wackett says board members, particularly Capelle, were “out to get him” and overlooked him for the director of public works position several times in favor of less qualified candidates.
Wackett asked for lost back salary, future salary, other lost earnings and benefits, plus interest. He also sought compensation for “past and future emotional distress and loss of personal and professional reputation,” costs for past and future medical treatment associated with violation of his rights and a declaration that the defendants deprived him of his rights to free speech and equal protection as guaranteed by the Constitution.
But in the judgment, United States District Judge William C. Griesbach states Wackett did not prove his First Amendment rights were violated.
“Ultimately, this is a case about a piece of equipment the defendants never bought, and a trip to Peoria they never took,” Griesbach wrote in his decision. “With no allegations of impropriety, the plaintiff’s speech did not touch on any matters of public concern. And even if it did, there is no evidence that any of the defendants knew he had spoken out outside of his official job duties.
“Based on the pleadings, depositions, answers to interrogatories and admissions on file, together
with all the affidavits submitted, I conclude that Wackett has not established that he spoke on a
matter of public concern, nor that his speech was a motivating factor in the defendants’ conduct.
Accordingly, the defendants’ motion for summary judgment will be granted as to the First
Amendment claim. The remaining state law claims are dismissed without prejudice.”
According to Griesbach, Wackett’s claims of breach of contract and unjust enrichment arising from his assertion that he worked as acting director of public works without additional salary can be heard by a state court if he decides to file at that level.