Former deputy's lawsuit settled for $145,000

MARBLE HILL, Mo. -- A former Bollinger County deputy's lawsuit against the county prosecutor, sheriff's department and former sheriff was dismissed last month after the defendants agreed to settle out of court for $145,000.

Court records obtained by the Southeast Missourian through a Sunshine Law request show under the terms of the April 5 settlement, Kelley Barks was to receive $135,714.38, plus another $9,285.62 for legal expenses, to resolve her discrimination claims against former Bollinger County Sheriff Leo McElrath and the Bollinger County Sheriff's Department.

Barks had accused McElrath, prosecutor Stephen Gray and the Bollinger County Sheriff's Department of employment discrimination, retaliation and Sunshine Law violations after she was charged with animal abuse for shooting a small dog while responding to a call about a domestic dispute.

"It's done. It's settled," said James Null, a Bollinger County commissioner. "I don't know if anybody's happy with it or not, but it's settled."

Null said the county's insurance covered most of the cost of the settlement. Exact figures on how much the county paid and how much insurance paid were not available late Thursday afternoon.

Barks' attorney, J.P. Clubb, said Barks was glad to have the case behind her.

"She's very happy that it's resolved and it's settled, and she's looking forward to moving on," he said.

He declined to comment further on the settlement, citing a confidentiality agreement that court records show was part of the settlement.

During her criminal trial in August -- in which she was acquitted of animal abuse -- Barks testified that she put the dog down at the direction of the Bollinger County veterinarian after shooting it in self-defense, and wounding it, on Feb. 26, 2011.

Barks testified she shot the dog because it already had bitten her once and was trying to bite her again, and she was trying to protect herself from the risk of rabies or other disease after observing the dog's unsanitary living conditions, which her civil suit characterized as "dark, squalid and foul-smelling, with numerous piles of dog feces on the floor."

Barks was placed on administrative leave the next day, and on March 15, 2011, she resigned from the department.

The lawsuit alleged McElrath forced her to resign.

In the lawsuit, Barks claimed other male deputies who shot animals were not placed on administrative leave. The suit also alleged she was paid less than her male counterparts, given inferior equipment and subjected to "derogatory and disparaging remarks about women by Defendant McElrath."

After her resignation, Barks filed a complaint with the Missouri Commission on Human Rights, which on Feb. 16, 2012, granted her the right to sue her employer.

On Feb. 24, 2012 -- just before the one-year statute of limitations expired -- Gray charged Barks with animal abuse in connection with the shooting of the dog.

In the lawsuit, Barks alleged the animal abuse charge was retaliation for her complaint. She also alleged gender discrimination and violations of Missouri's Sunshine Law by the sheriff's department and McElrath; civil conspiracy by the sheriff's department, McElrath and Gray; and defamation by McElrath and the owners of the dog, Ronald and Patrick Chadd of Glenallen, Mo.

The lawsuit was dismissed with prejudice April 25.

The settlement released McElrath, the department, Gray and the county's insurance company from the claims outlined in the lawsuit; required the department to provide Barks with a letter confirming her dates of employment, positions held, rate of pay for each position and voluntary resignation from the county; and required Barks to drop her claims against the Chadds.

Gray declined to comment on the case.

McElrath could not be reached for comment.

epriddy@semissourian.com

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Pertinent address:

Marble Hill, MO