Local judges won’t hear Stirgus lawsuit

Published 12:04 pm Thursday, June 17, 2010

To avoid “any appearance of impropriety,” Warren County’s two circuit court judges have recused themselves in the $1 million lawsuit that former Vicksburg Housing Authority Director James Stirgus Sr. filed against former Mayor Laurence Leyens, former Police Chief Tommy Moffett and four VHA commissioners, court records show.

Special Judge Billy G. Bridges was appointed by the Supreme Court of Mississippi on Monday to preside over the case in light of the June 3 recusal filing by Circuit Court Judges Isadore W. Patrick and M. James Chaney.

Leyens and Moffett have separately filed for the lawsuit to be dismissed, with both asking for all court and attorney fees to be charged to Stirgus and his lawyers, Travis T. Vance Jr. and James W. Nobles Jr. The four VHA commissioners named in the suit — Jay Kilroy, Abraham Green, Charles Wright and Christopher Barnett — meanwhile have requested an extension until Monday to respond to the charges.

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Claiming he was wrongfully terminated and defamed, Stirgus’ suit contends “all of the (defendants) agreed to carry out orders and directions of Moffett and Leyens to oust (Stirgus) from his job by publishing and dissemination of slanderous matters, including accusations that (Stirgus) was involved in the sale of illicit drugs at the (VHA) premises, and that he… was guilty of theft or embezzlement of (VHA) property.”

Stirgus, 80, had been director of the housing authority for just shy of 21 years when the VHA board of directors voted 4-0 — with one commissioner abstaining — to fire him in a closed session on May 19, 2009.

Leyens was mayor when the four VHA commissioners named in the suit were appointed to their posts by a 2-0 Vicksburg Board of Mayor and Aldermen vote on Feb. 23, 2009. North Ward Alderman Michael Mayfield — who is not named in Stirgus’ suit — was the only voting alderman on the matter, as South Ward Alderman Sid Beauman had recused himself from the vote because his wife works for the VHA.

Other than appointing VHA commissioners, who in turn hire a director, the mayor and aldermen have no control over housing authority finances, operations or management. Because it was a personnel issue, the commissioners were never required to publicly divulge their justification for firing Stirgus.

The housing authority was under close scrutiny at the time of Stirgus’ firing due to the December 2008 arrest of former VHA maintenance supervisor Charles Jones Jr. on charges he had 2.2 pounds of cocaine shipped to him at VHA executive offices on Elizabeth Circle. Jones also later was indicted on a charge that he embezzled VHA property, but that charge was dropped in a November plea bargain that saw Jones get a 10-year prison sentence in exchange for pleading guilty to cocaine possession. Stirgus has never been charged with any crimes stemming from his time as director of the housing authority and has steadfastly declined any wrongdoing.

Moffett was police chief when Jones was arrested, and he attended several VHA commission meetings in the months following, at which he urged the commission to take a closer look at housing authority operations under Stirgus. Moffett was fired by the Vicksburg Board of Mayor and Aldermen in a 2-1 vote shortly after Mayor Paul Winfield bested Leyens in the May 2009 election, and he has since been installed as police chief in the Mississippi Delta town of Indianola.

According to court filings, Moffett is being represented by Starkville attorney Austin Vollor; Leyens is being represented by Gene Parker of the Vicksburg firm Varner, Parker and Sessums; and the VHA commissioners are represented by Michael G. Huey of Mobile.

Stirgus “continues to endure long hours of mental anguish and suffering… along with continued embarrassment and humiliation” due to his termination, his suit reads. “His good reputation and good name was severely damaged by the actions of the defendants.”

Along with lost wages — he was making $70,000 a year when fired — Stirgus is seeking to recoup $15,000 in medical bills the suit claims he incurred during a five- day hospital stay that he says is due to his being fired. In total, the suit seeks $1 million in compensation “jointly and severally,” meaning the defendants could be held responsible for damages individually or mutually.