Ex-library head argues against suit dismissal

View larger image Rob Pasco

Former director says he was victim of job discrimination when fired in October 2010

By Sally Voth -- svoth@nvdaily.com

HARRISONBURG -- Former Shenandoah County Library Director Robert Pasco has filed documents arguing against dismissing the $14.35 million lawsuit he has pending against the library in U.S. District Court.

Pasco claims he was the victim of job discrimination when he was fired by the library's board of trustees in October 2010. The firing came after he and technology director Dallas Moore had an altercation in which both claimed to have been battered.

Besides Moore and the board of trustees, the suit is also names board Chairman Hank Zimmerman and the library itself.

The defendants all filed motions to dismiss last month. Moore's motion says Pasco's petition failed to state a claim.

As a government function, the library is immune from lawsuits, among other claims, the board's motion says, and Zimmerman's says he did not violate the Virginia Computer Crimes Act. Among the library's claims in its motion is the argument that Virginia law doesn't guarantee continued right to employment.

Pasco filed documents in opposition to the motions last week.

His memo opposing Moore's motion to dismiss says Moore's actions as alleged in the lawsuit happened while he was working.

"By Virginia statute, funding for the Library is by special levy and constitutes a separate fund," the memo says. "Moreover, the Defendant Board is authorized by Virginia statute to manage and control the operations of the Library, and further is authorized to receive donations and bequests for the establishment and maintenance of the Library."

It describes Moore as "a disciplinary problem."

"He had taken an unnatural interest in another Library employee, Keith Brown, causing Brown to complain of Moore's attention," the documents say.

Pasco said in an October 2010 interview that he and Brown were in a domestic relationship. On the day of Pasco's and Moore's blowup, Moore was tardy, which had become a habit, the documents say.

It says Moore battered Pasco so he could grab two computer hard drives, one of which was Pasco's personal property.

"Moore was going to take the computer hard drives to the Shenandoah County Administrator to accomplish his plan of getting Pasco fired," the documents say. "He was going to use the information he falsely claimed was on the hard-drives to assist with his plan. A reasonable inference is that Moore purportedly had such information because of his position as technology director."

The scuffle eventually led to Pasco firing Moore. However, Moore was reinstated by the library board, which fired Pasco.

The documents allege Zimmerman, the board and the library were acting under color of state law.

In the motion regarding the board of trustees, Pasco says he is seeking monetary damages for property loss, both through his termination by the board and the "seizure and destruction" of his property -- referring to the hard drive he says Moore destroyed.

"Through their actions, they gave 'significant encouragement' to Defendant Moore, and adopted and ratified his illegal conduct as their own, knowing that he had assaulted and battered Pasco, and had seized and destroyed Pasco's property and damaged the Library's property," it says.

The documents also say his firing went against the Crime Victim and Witness Rights Act.
A document opposing Zimmerman's motion disagrees with Zimmerman's contention that being sued in his official capacity is redundant and unnecessary.

"Since the Defendant Zimmerman was directly involved in the discharge of Pasco, obtaining agreement from the Board despite knowledge of the illegal conduct of Moore, Zimmerman was involved in the ratification and adoption of Moore's conduct and is responsible for the seizure and destruction of Pasco's property," it says.

The case is scheduled to go to trial in September.