The Red and Black

Issue date: 10/10/08 Section: News

Verdict

Initial complaint

Summary Judgment

A former University staff member was awarded nearly $1.3 million Thursday in a federal lawsuit against her former supervisor - the University's senior public service associate in the Georgia Center for Continuing Education.

Terrie Buckner, former project director of grants, claimed she was arrested and charged 10 felony counts of theft by taking on false information Karen Shetterley gave police in 2004. The case was decided Thursday after a three-day trial.

Buckner said she was "arrested without probable cause for allegedly stealing her employer's property," according to court documents filed June 12.

"Shetterley convinced UGA Police to take warrants for [Buckner's] arrest, but it wasn't UGA property and there was no basis for the charges," Lee Parks, Buckner's attorney of Parks, Chesin & Walbert in Atlanta, said in phone interview Thursday afternoon. "But she lost two jobs - one as an adjunct professor at Shorter College - and there were pretty horrific damages."

The "jury responded aggressively" Thursday, Parks said. "She can't get a job in education and works for a private company now, but hopefully with this verdict she can get back into education."

The University will file an appeal on Shetterley's behalf for "issues left to be determined" in court, Tom Jackson, vice president for public affairs, said Thursday afternoon.

Buckner filed the lawsuit in September 2006 after the Gwinnett County District Attorney's office dismissed charges against her in July 2005.

As an educator specializing in early childhood education work force development, 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.

In August 2003, the Board of Regents learned the state would not fund the last year of a grant for the program, so the board decided to spend the remaining funds by purchasing equipment and supplies and split them among the 12 programs, according to documents.

Shetterley decided they would vacate University-owned offices in Lawrenceville in June 2004. Buckner and coworker Tamara Brookover planned to work from home until the end of September.

One of the programs had not been moved to a new office, so when Buckner didn't receive instruction from Shetterley about what to do with leftover materials, she stored them at her home, the largest and closest place to the original office.

Laura Jones, a BOR member, said the decision was "not an uncommon practice" when shifting offices, according to court documents.

In July 2004, University controller George Stafford received information from a citizen who said University employees were spending grant money inappropriately by selling University property on eBay.

University Chief of Police Jimmy Williamson assigned officers Peter Walls and Eric Dellinger to the case.

When Walls and Dellinger visited her home on Aug. 26, 2004, Brookover told police she sold the items on eBay.

The next day, Dellinger, Walls and University internal auditor Dale Wetzelberger visited Buckner, who told police Shetterley knew she worked from home and had the property. She gave the property to the officers.

Shetterley said the next day that she was unaware Buckner had the property. Walls applied for 10 arrest warrants on Sept. 13, 2004 and Buckner turned herself in at Gwinnett County Jail.

Buckner brought a case against Walls, Dellinger, Williamson and Shetterley, saying her Fourth and Fourteenth Amendment rights to be free from false arrest and malicious prosecution were violated, according to documents.

The District Court dropped the case against Williamson, Walls and Dellinger on June 12, 2006 and granted them qualified immunity for acting in official capacities. A lawsuit against a state official is considered a suit against the state, which is against the Eleventh Amendment.

U.S. District Court Judge Clayton Land said in court documents that evidence shows "Shetterley possessed e-mails, at least one of which was from a party other than [Buckner], that directly refuted Shetterley's statements that all leftover equipment was supposed to be sent" to a program office instead of Buckner's home.

A jury decided Buckner will receive $1.265 million in compensatory damages and $10,000 in punitive damages.

Shetterley, senior public service associate for Continuing Education learning services, was unavailable for comment Thursday.

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