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Lawsuit To Be Filed Against Town Of Dugger

Last updated on Wednesday, February 1, 2012

(DUGGER) - Attorney John Bodine is prepared to take the first steps in filing a lawsuit against the town of Dugger on behalf of Town Dave Heaton.

The Dugger Town Council plans to hold an executive session at 5 p.m. Thursday to discuss Heaton's job.

Council President Dwight Nielson has alleged the marshal neglected his duties and is seeking his firing. Under state law the executive session can be closed to the public and personnel matters may be discussed. However no vote can take place.

Heaton's supporters plan to be outside the session to back the marshal.

If any action is taken against Heaton it will not be until the regularly scheduled Town Council meeting on Monday at 6 p.m.

Heaton has fallen ill during the conflict. He is suffering from high blood pressure, due to stress according to his wife Terri. He was treated for chest pains Sunday at Sullivan County Hospital. But he has since recovered and was back at work Monday.

Bodine says he plans to file the lawsuit later this week. And he plans to one other legal action which will name individual defendants other than the town.

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