The earliest a federal harassment lawsuit against Clay County and former Sheriff Larry Costello will go to trial is this summer, an attorney for the county said Tuesday.
But that estimate is probably ambitious, given the hectic schedule of the judge set to hear the trial, said Jon Iverson, the county's Bloomington, Minn.-based attorney.
"It will be trial ready in June, but it is up to the judge to set a date," he said.
Iverson met with Clay County commissioners Tuesday in a meeting that was closed to the public.
After the session he spoke briefly with reporters.
ADVERTISEMENT
Kathy Cline is suing Clay County over claims Costello assaulted, stalked, harassed and discriminated against her while she was a deputy in the Sheriff's Department.
She also claims the county didn't protect her civil rights as an employee. The lawsuit names eight defendants, including Costello and County Attorney Lisa Borgen.
Iverson said the lawsuit is currently in the discovery phase. He said the county has taken statements from 27 sources and has about 15 more to go.
After the discovery phase, which is expected to be concluded by Feb. 28, the county will ask the judge to dismiss several of the claims.
In the meantime, there's always a chance the case could be settled before trial.
Iverson said about 95 percent of all civil trials are settled.
"There is no indication one way or another whether this thing is going to be in the 95 percent range or the 5 percent range," he said. "As of right now we are preparing for trial."
A call to Cline's Minneapolis-based attorney was not returned.
ADVERTISEMENT
County commissioners referred all questions to Iverson.
Readers can reach Forum reporter Jeff Baird at (701) 241-5535
