McPhillips seeks ‘further relief’ in Wade case
Published 10:13 am Thursday, August 1, 2019
In a petition filed last week, Montgomery attorney Julian McPhillips is seeking “further relief, damages and costs” for Selma City Treasurer Ronita Wade, who just over two weeks ago won a case against Selma Mayor Darrio Melton.
The petition states that Wade and others “were damaged and injured” by Melton’s “repeated failure and refusal” to allow her to perform her duties as treasurer.
On July 16, the court ruled in Wade’s favor, finding that her dismissal was improper, and opened the door for McPhillips to pursue additional recompense.
The petition cites the Alabama Code which states that further relief “may be granted whenever necessary or proper,” provided a petition is filed in a “court having jurisdiction to grant relief.”
The statute also notes that “any adverse party whose rights have been adjudicated by the declaratory judgment,” in this case Melton, would be allowed to “show cause why further relief should not be granted forthwith.”
The petition also cites a statute in the Alabama Code which states that “the court may make such award of costs as may seem equitable and just.”
With all of this in mind, McPhillips is requesting a reimbursement by the City of Selma for Wade’s filing fee, an award of damages for “mental anguish” suffered by Wade and caused by Melton’s “wrongful and involuntary separation” of Wade from her position “via termination and/or forced ‘leave of absence,” as well as costs and “reasonable attorneys’ fees.”
For his part, McPhillips believes the request for relief is justified, noting that Wade has suffered a “tremendous amount of mental anguish” and a loss of money and benefits.
Further, McPhillips believes Wade’s First Amendment rights were violated during the course of the controversy.
“When the sum total is all added up, it’s significant,” McPhillips said.