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Judge rejects lawsuit
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Mary Kay Peck
Henderson leaders said the former city manager created a "culture of fear"
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LAS VEGAS REVIEW-JOURNAL
Updated: Apr. 10, 2012 | 9:35 a.m.
A federal judge on Thursday dismissed the lawsuit filed by former Henderson City Manager Mary Kay Peck over the city's decision to fire her.
The lawsuit, filed in May, accused the city and its council members of violating Peck's employment contract and conspiring against her behind closed doors.
According to the lawsuit, Peck never received a performance evaluation in her 18 months on the job and never was given a chance to respond to the allegations that led to her April termination.
City leaders said Peck created a "culture of fear" at City Hall, withheld information from the mayor and council and failed to respond appropriately to the city's budget woes.
In a document requesting the dismissal of Peck's lawsuit, attorney William Cooper argued that Peck had failed "to state claims upon which relief can be granted."
Peck "was employed with the City of Henderson as City Manager under the terms of a written employment agreement which allowed the City to terminate her employment for cause, without cause or by refusing to renew the term of the employment agreement," Cooper wrote.
According to the court document, Peck "was not entitled to notice, a pre-termination hearing or an opportunity to be heard prior to the termination of her employment."
Peck is represented by attorney Norman Kirshman. A woman who answered the phone Thursday at Kirshman's office said he would not be speaking to reporters.
U.S. District Judge James Mahan dismissed Peck's lawsuit, which alleged civil rights violations. Kirshman could appeal the decision to the 9th U.S. Circuit Court of Appeals in San Francisco, or he could file an amended complaint with new claims.
Mahan granted qualified immunity to the City Council members, which precludes Peck from suing them individually for punitive damages.
Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710.
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Peck has a very narrow vision:
She could have just moved on to another hilbilly town like Henderson and nobody would have noticed, but now that she tried to sue, she is radioactive baby!
Peck agreed to the contract and everything it said: the right to contract is a basic fundmental right in our country. If you want to live in a nother country Peck, where you do not mean it when you sign a document, then go ahead.
I find it ironic that Mary K. Peck had the audacity to suggest that City Council members "conspired against her behind doors," while her carreer consisted of doing exactly that to numerous former City employees who refused to take part in her unethical and unscrupulous acts perpetrated solely for her own self promotion. I really would like to hear how she would respond to such allegations. This woman did everything possible within her all-consuming power to trash the reputations of untold numbers of honest, hard working Nevadan's who were looking out for what was best for the City of Henderson, not their personal ego-driven agendas. The civil rights violations she perpetrated on employees were numerous and unjustified. Judge Mahan's decision should be applauded for finally giving this woman just a "taste of her own medicine." Lets hope she chokes on the spoon.