A circuit court judge was correct to dismiss a lawsuit claiming former Missouri House Speaker Dean Plocher retaliated against a legislative staffer who reported allegations of misconduct, an appeals court ruled on Tuesday.
The reason, Judge Lisa White Hardwick wrote in the unanimous decision, is because Plocher was not former House Clerk Dana Miller’s supervisor and could not fire her or discipline her for speaking out about his alleged wrongdoing.
Plocher may have believed he had power over Miller, Hardwick wrote, but in reality the most he could do was seek a full House vote to remove her — something he never formally attempted.
“…while Plocher may have expressed a desire to supervise, control and remove Miller as chief clerk,” the decision said, “he had no authority to do so.”
The lawsuit was filed by Miller last year accusing Plocher of trying to get her removed from her job after she cooperated with a House Ethics Committee investigation into his attempts to steer an $800,000 software contract for the House around the standard bidding process and revelations that he illegally sought taxpayer reimbursement from the legislature for airfare, hotels and other travel costs already paid for by his campaign.
Plocher denied any wrongdoing, but the allegations sparked a months-long investigation. Though it was ultimately dismissed, the Republican legislator leading the inquiry said Plocher pressured potential witnesses and used his office to obstruct the...
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