Court case appealed to Atlanta court

Published 12:09 am Sunday, August 31, 2008

Two former sheriff’s deputies have appealed their federal court case involving Sheriff Kevin Davis to the 11th Circuit Court of Appeals in Atlanta.

The case involves Shane Fulmer and Robby Autery and their termination of employment by Sheriff Kevin Davis. Earlier in August, a federal court judge in Montgomery dismissed the case. Another court case is currently pending in state circuit court.

Gene Rutledge, attorney for the plaintiffs, said the case revolves around two issues. One is the fact that a state legislative act was passed that established a merit board for the Sheriff’s Department, but all the members for the board have not appointed. One was supposed to be appointed by the Sheriff. The other issue revolves around the officers’ freedom of speech.

Briefs will be filed in the case this month, and oral arguments in the case will be heard later this year.

A decision in the case isn’t likely until sometime next year.