Judge rules Scott County official's Facebook posts off limits in court case

A judge Friday barred a plaintiff's attorney in a sex discrimination case from questioning a Scott County official about his past Facebook posts, which have been described as sexist and vulgar.

At a hearing in the Common Pleas Courthouse in Cape Girardeau, Judge Benjamin Lewis sided with defense attorney Bradley Hansmann's claim the social media posts of Scott County Presiding Commissioner Jim Glueck were "neither relevant nor material to the litigation."

Plaintiff's attorney J.P. Clubb had argued in a court filing he should be allowed as part of a deposition to ask Glueck about his "disgusting, misogynistic and racist Facebook posts."

At the hearing, Hansmann told the judge, "Mr. Clubb simply wants to try the case in the media."

Former Scott County Jail administrator Tina Kolwyck is suing Scott County government and Sheriff Wes Drury.

The suit claims Drury violated the Missouri Human Rights Act by removing Kolwyck from her position and replacing her with a male deputy who had no experience in jail administration.

According to the suit filed last year in Scott County Circuit Court, Kolwyck was demoted to bailiff in January 2017 after Drury took office as sheriff. Kolwyck stated in a deposition she was discriminated against because of her gender.

"Plaintiff has alleged persistent and ongoing discrimination" by Scott County and the sheriff, Clubb wrote in a court filing. "This conduct continued up until her termination in September 2019," he added.

But in court Friday, Hansmann said the social media posts in question are from 2015 and 2016. Glueck was elected presiding commissioner in 2018 and took office in January of this year.

Hansmann said Glueck was not a Scott County official or employee when he shared the Facebook posts.

Those posts, said Hansmann, "have nothing to do with Scott County."

Clubb, however, suggested the posts are relevant to the lawsuit's allegations of a "hostile work environment" in Scott County government.

But the judge disagreed, saying Glueck's posting of "stupid stuff" has no bearing on this litigation.

Lewis raised his voice when Clubb continued to argue his point after the judicial ruling. "Do not argue with me," Lewis told Clubb.

The judge last month ordered Glueck and other Scott County officials to undergo a new round of questioning after Clubb filed a motion accusing Glueck of filing a false affidavit or providing "false, incomplete and evasive answers" during a May 1 deposition.

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