Appeal of $1.3 million judgment considered by UGA (w/documents)

Ex-co-workers battle in court

By: SHANESSA FAKOUR

Posted: 1/9/09

The University is considering filing an appeal on behalf of a staff member who is court ordered to pay $1.3 million in damages to a former University employee.

After a three-day trial, a jury found that the actions of Karen Shetterley, the University's senior public service associate in the Georgia Center for Continuing Education, resulted in the false arrest and malicious prosecution of Terrie Buckner.

"The University believes Shetterley was acting properly" and within the bounds of her duty as an employee, Tom Jackson, vice president for public affairs, said in a phone interview Monday. Discussions are underway as to whether there will be a settlement or an appeal. The deadline for the University to file an appeal is Wednesday.

As an employee of the state, Shetterley is backed by state insurance under the department of administrative services. The insurance covers state employees up to $1 million.

The marshal of the middle district of Georgia has received a writ of execution from the U.S. District Court demanding the debt from Shetterley.

If an appeal is filed, Lee Parks, Buckner's lawyer, will follow with a response to the court, and the court will make a judgement.

"We are very confident the judgment is valid," Parks said in reference to the jury awarding Buckner $1.3 million in damages.

Parks submitted a reply brief to the court in support of Buckner's bill of costs and motion for attorneys' fees, which Shetterley argued on Dec. 22.

Buckner is asking for Shetterley to cover more than $300,000 in attorney fees.

In 2004 Shetterley was Buckner's supervisor when Shetterley allegedly gave police false information regarding school supplies Buckner was storing at her house, according to court documents. Shetterley said she was not aware Buckner was storing the supplies, according to the documents.

Buckner worked under Shetterley as project director for Advancing Careers through Education Training, a professional development program for early childhood educators that oversees 12 individual programs.

According to the documents, Shetterley decided they would vacate University-owned offices in Lawrenceville in June 2004 after budget cuts forced the programs to move.

When Buckner did not receive instruction from Shetterley about what to do with leftover materials from a program that had not moved to a new building, she stored them at her home, which was close to the original program office, according to the documents.

Buckner was arrested and charged with 10 felony counts of theft by taking and lost her job at the University as a project director of an educational grant program.

Following the dismissal of the charges in July 2005, Buckner filed and won a civil lawsuit against Shetterley in October 2008.

Shetterley lost a motion she filed for new judgment "as a matter of law" and an alternative motion for a new trial on Dec. 15, according to court documents.

Shetterley had no comment on her denied motions Thursday morning, but referred The Red & Black to Tim Kelly, associate director in the Office of Legal Affairs. Efforts to reach Kelly and Shetterley's lawyer Brian Webb were unsuccessful as of Thursday afternoon.