BROKEN BOW— Two civil lawsuits against the City of Broken Bow have finally made their way to court with one being heard in Custer County District Court and the other in Nebraska federal court.
According to Custer County District Court documents, the first lawsuit was filed by the International Brotherhood of Electrical Workers (IBEW) and Michael Kaminski against the City of Broken Bow for the alleged unlawful termination of Kaminski along with alleged defamation. It also states that the grievance procedure was fully exhausted before the IBEW and Kaminski filed the lawsuit.
Kaminski is seeking reinstatement to his former position, back pay, reinstatement of his benefits, and attorney fees for the wrongful termination lawsuit. He is also seeking special and general damages from the City of Broken Bow for defamation. The lawsuit is scheduled to be heard on August 22.
The second lawsuit was filed by the IBEW and Randy Schweitzer against the City of Broken Bow for an alleged violation of the Americans with Disabilities Act. According to court documents, Schweitzer was an employee for the City of Broken Bow for 24 years. Eventually, Schweitzer was placed into the Line Department after filing a lawsuit that was settled in Custer County District Court.
In the spring of 2017 court documents indicate that Schweitzer developed an allergy to epoxy resin where he develops hives if exposed. In response, the City of Broken Bow transferred Schweitzer to Park Maintenance until he received a release from his doctor. Schweitzer’s doctor eventually filed the release, but according to the complaint filed by the IBEW, the city continued to discriminate against Schweitzer and would not allow him to work as a lineman due to his condition.
The IBEW believes this violates the Americans with Disabilities act in failing to accommodate his disabilities. Schweitzer is seeking that he be assigned to the job as a lineman, he be given any back pay and other damages, attorney’s fees, and costs. The IBEW also requested the trial be held in North Platte, which was granted. A trial is now set to commence on October 21 in the Federal District Court of Nebraska.
