FIRST ON 3: Judge dismisses former New Hanover elections director’s lawsuit

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WILMINGTON, NC (WWAY) — The lawsuit filed by former New Hanover County Elections Director Marvin McFadyen has been dismissed.

In January of 2015, members of the New Hanover County Board of Elections filed a petition with the State Board to remove McFadyen from his position.

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In the petition, the Board said that McFadyen had many problems, including conduct in the workplace, the management and handling of election day, and the protection of confidential material like the absentee military ballots that were accessible to a public computer terminal.

In May of 2015, McFadyen sued to get his job back. He said the claims the county board used to fire him were false. He also says he was denied due process.

In his lawsuit, McFadyen also wanted damages of at least $25,000, as well as a declaratory judgement on whether he was lawfully terminated and whether and final decision on the petition to file him was rendered.

On April 19, attorneys for the defendant and plaintiffs appeared before a judge, who dismissed the case.  According to the Order, it was the Court’s opinion that there are ‘no genuine issues as to any material facts as to the claims against New Hanover County Board of Elections.’

The judge ruled that all the Plaintiff’s claims against New Hanover County Board of Elections, including Plaintiff’s claims for declaratory judgment were dismissed with prejudice.