U.S. district judge dismisses lawsuit against Upshur County
POSTED: Monday, June 25, 2012 - 8:00pm
UPDATED: Monday, June 25, 2012 - 8:14pm
U.S. District Judge Michael Schneider dismissed a lawsuit against Upshur County in which a former jailer claimed he was retaliated against for opposing sexual harassment of his wife and that his Fourth Amendment rights were violated by an illegal search.
Schneider granted a motion for summary judgment, dismissing the claim. In his opinion on the case, Schneider said former jailer John Scott Rose did not prove it was “objectively unreasonable” for two Upshur County sheriff’s deputies to search his home and that the “allegations are insufficient” to show that Rose was retaliated against.
Rose and his wife, Crystal Rose, filed the lawsuit in May 2011 against Upshur County and sheriff’s office employees Terry Carter and Landon Burleson — the two deputies who searched his home.
The complaint stemmed from a December 2009 event in which Rose said he learned two sheriff’s employees had made inappropriate sexual comments or suggestive communication with his wife, according to the lawsuit.
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