THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Wednesday, February 5, 1997 TAG: 9702050449
SECTION: LOCAL PAGE: B7 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: NORFOLK LENGTH: 53 lines
Sherry D. Battle, the former bail bondswoman who sued most of the city's Circuit Court judges for race discrimination, has lost her case on a technicality.
A federal judge has dismissed Battle's lawsuit, ruling that she filed it too late.
Judge Robert E. Payne also ruled that the 10 judges and three clerks sued by Battle are immune from claims for money damages.
Battle, who is black, claimed that the judges and clerks discriminated against her by suspending her bonding license in 1994. She claimed that white bondsmen in similar situations were not suspended.
The judges and clerks replied that there was no discrimination. They said Battle was suspended because she had insufficient collateral. They also claimed that they were immune from lawsuits for their official actions.
Battle sued the judges and clerks for $20 million in compensatory damages and $10 million in punitive damages. She also sought reinstatement as a bondswoman.
All but one of the 13 defendants are white. One defendant judge is black.
In his 37-page ruling, Payne did not examine Battle's underlying claim of discrimination. Instead, he ruled strictly on procedural grounds.
Payne issued his ruling last week in Richmond, but it was not filed in U.S. District Court in Norfolk until Monday. Payne sits in Richmond's federal court.
The case prompted an unusual hearing in Richmond on Oct. 31 in which all 10 defendant judges - six active, four retired - sat as spectators in federal court to watch technical arguments. Norfolk Circuit Court was virtually closed that day so the judges could travel to Richmond.
The case also was unusual because it eventually pitted one former Norfolk judge against his former colleagues.
The former judge, Luther C. Edmonds, resigned in September while under investigation for misconduct charges involving Battle. In the lawsuit, Edmonds sided with Battle and filed an 18-page affidavit on her behalf.
In the end, that affidavit had no effect on the case. Payne ruled that it was not pertinent.
Payne ruled that Battle filed her lawsuit one month too late. The statute of limitations is two years. Battle was notified of her suspension on April 4, 1994. She sued on May 6, 1996.
In court, her attorney argued that the two-year clock did not start ticking until Battle's suspension took effect in May 1994. Payne, however, ruled that the clock began when Battle was notified of her suspension and knew of the alleged discriminatory acts.
This is the third time Battle has sued various judges and clerks for discrimination. None has gone to trial.
KEYWORDS: RACIAL DISCRIMINATION LAWSUIT JUDGE DISMISSED