Scott County, Sheriff Wes Drury drop effort to dismiss lawsuit

BENTON, Mo. — Scott County government and Sheriff Wes Drury have dropped efforts to have a discrimination lawsuit brought by a deputy dismissed.

Wes Drury

As a result, deputy Tina Kolwyck’s suit will proceed in circuit court.

Still at issue is whether the Scott County Sheriff’s Department should be dropped from the suit.

Harry Benson, a St. Louis attorney representing the defendants, argued in Scott County Circuit Court on Friday the sheriff’s department is not a separate entity from Scott County government as a whole and should be dismissed from the litigation.

But the plaintiff’s attorney, John P. Clubb of Cape Girardeau, argued the discrimination suit alleges violations of the Missouri Human Rights Act and his client should be able to sue the department.

Clubb said that in answers posed in written questions, the three defendants have variously referred Clubb to the other defendants to provide answers.

He told Judge Benjamin Lewis the defendants in some cases have given different answers to the same questions.

In addition, Clubb said there is no legal case saying his client can’t sue the sheriff’s department.

Benson argued the county government and the sheriff’s department are part of the same governmental entity.

Lewis did not issue a ruling from the bench, instead taking the issue under advisement.

He scheduled another court date for June 14 in Benton.

Lewis, a Cape Girardeau County circuit judge, is presiding over the case because Judge David Dolan recused himself.

Kolwyck is suing the department, county government and the sheriff for alleged discrimination, sexual harassment and other workplace violations.

The lawsuit was filed in September.

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

According to the suit, Kolwyck was demoted to bailiff.

She also claims the defendants created a hostile work environment through sexism and other forms of discrimination.

Kolwyck joined the Scott County Sheriff’s Department as an assistant jail administrator in 2013 and was promoted to jail administrator the following year, becoming the first female jail administrator in Scott County history.

The lawsuit alleges Drury treated Kolwyck unfairly because she was forced to take medical leave in 2016 after suffering a heart attack and because of her gender.

Kolwyck also accuses Drury and his deputies of making sexist and vulgar remarks about a female colleague’s genitals.

The motion to dismiss Drury as a defendant in the suit argued the sheriff is not an “employer” and, as a result, cannot be sued.

But Clubb previously responded in a memorandum the argument Drury has no authority to hire or fire his deputies and other employees is ”ridiculous.”

Scott County had sought to be dismissed from the suit on the grounds Kolwyck had failed to exhaust her administrative remedies. Clubb said his client had gone through the proper process.

mbliss@semissourian.com

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