Fired worker’s lawsuit against BHI moves forward

WILMINGTON, NC (WWAY) — A fired employee’s lawsuit against the Village of Bald Head Island will move forward in federal court, but his claims against the village manager will not.

Herbie Bryant sued the Village of Bald Head Island and Village Manager Calvin Peck last year claiming they violated his due process and other rights when he was fired and refused the chance to respond to the allegations against him or to appeal. The village and Peck asked last winter for the suit to be dismissed.

According to an opinion filed today in federal court in Greenville, Judge Malcolm Howard decided not to grant the village’s request to dismiss the claims by ruling Bryant has “alleged sufficient facts to show he has suffered a stigma” after the village released his termination letter to the media but did not give him a chance to respond to the allegations, which Bryant said are false, that led to his dismissal. For the same reason, the judge let stand Bryant’s intentional infliction of emotional distress claim and a claim that the village violated his Constitutional right to privacy.

Bryant was one of five public safety officers Bald Head Island fired Aug. 28, 2014, for violating village policy. Bryant and three others were fired for violating policies regarding sexual harassment, discourteous treatment of other employees and inappropriate electronic communications, according to termination letters.

Judge Howard did agree to dismiss Bryant’s claims against Peck in his official capacity, because, he wrote, the village is “the real party of interest with respect to these claims.”