AMERICAN FORK — Five years have passed since more than two dozen police officers and staffers at American Fork's police department filed suit against city officials and a former mayor for alleged civil-rights violations.

To them, it has been worth the wait.

American Fork leaders have agreed to pay $360,000 in an out-of-court settlement with the department workers and officers, including the current police chief, Terry Fox.

All 26 former and current police-department employees have dropped the suit in U.S. District Court with prejudice, meaning their claims cannot be brought back to court.

About a year ago, six officers accepted a settlement. Among those was Fox, who accepted $17,000. The remaining 20 police workers settled within the past month.

The settlement payments for each officer or staffer range between $4,700 and $20,000, according to city records.

John Durrant, the former police chief who was fired by former Mayor Jess Green and later reinstated by the City Council, reached a settlement last week, although that amount has not yet been released.

"It's been a very long lawsuit, and we felt it was in the best interest for the city and plaintiffs for a compromised settlement," said attorney Dale Lambert, who was hired by the city's insurance company. "It was time for the city and the officers to move beyond this controversy."

Lambert said the settlements are not an admission of wrongdoing on the city's part.

The federal suit was filed in August 1996.

Officers also say Green and City Administrator Carl Wanlass violated their constitutional rights of free speech and due process when a gag order was issued to restrict what could be publicly said about a settlement with former officer Phil Terry.

Durrant intended to fire Terry when allegations surfaced that Terry threatened to kill himself in the parking lot of a business in the city. There also were allegations of misuse of a patrol car. Green allowed Terry to resign with benefits.

The suit also alleged that Green harassed Durrant after the chief called for an investigation into allegations of child abuse involving Green.

No abuse charges were ever filed against Green.

The officers also claimed that Green, Wanlass and then-City Attorney Tucker Hansen intimidated and harassed officers.

The drawn-out legal battle has dealt the city a financial blow.

Wanlass said the city's liability insurance has jumped 31 percent from $180,000 a year to $260,000. In addition, the city was forced to pay $20,000 in insurance premiums.

View Comments

Costs of such litigation had an impact on the city's 2002 budget.

Wanlass said the city is desperately trying to find ways to generate new revenue to pay for the insurance. The City Council recently considered a tax of cell phones — but abandoned the controversial tax after citizen protests.

"It was my recommendation to the council to implement the cell-phone tax, really for the purpose to offset the increase of insurance premiums for our liability insurance," Wanlass said.


E-MAIL: gfattah@desnews.com

Join the Conversation
Looking for comments?
Find comments in their new home! Click the buttons at the top or within the article to view them — or use the button below for quick access.