Jackson lawsuit heads toward trial

Jackson contends Gunnison County attorneys colluded with Besecker 

By Aimee Eaton

A United States District Court Judge determined last week that former Gunnison County deputy sheriff Scott Jackson’s call for a jury trial against both Gunnison County and current Gunnison County sheriff Rick Besecker is valid.

Jackson’s case against Besecker and the county stems from the 2014 election. Jackson, a 35-year veteran of the Gunnison Sheriff’s Office ran against incumbent Besecker during the election.

Besecker won the November election by a margin of 112 votes and was re-elected to his second-term as sheriff. He then fired Jackson in March 2015, stating in a letter to Jackson that, “Your continued employment as a Deputy Sheriff undermines the effective discharge of my duties as Gunnison County Sheriff, negatively impacts morale of the employees of the Sheriff’s Office, and overall impedes the efficient performance of this Office’s obligations.”

The letter came after Besecker had apparently met several times with Gunnison County attorneys in consultations about Jackson’s position and the grounds upon which the Sheriff’s Office could terminate a deputy sheriff.

According to Jackson’s court complaint, which is based primarily on a violation of his First Amendment rights, “the Gunnison County Attorneys colluded with Besecker to terminate Plaintiff.”

This collusion included the drafting of a policy that was later used in Jackson’s termination.

Again, according to the filed court complaint, “The Gunnison County Attorneys drafted the Policy so that Besecker would not have to disclose to Plaintiff that he was being terminated because of his campaign speech and activities.”

Jackson’s case against Besecker and the county has already gone through several appeals and on August 25, U.S. District Court Judge John Kane determined that based on the record, Jackson’s case was substantive enough to proceed to a jury trial. Jackson has until August 31 to file a clean copy of Second Amended Complaint with the court.

According to the court filing, Jackson is seeking the following in restitution: economic and noneconomic damages, back pay, front pay, prejudgment interest, fringe benefits, and other compensation for the violations described above against Besecker and Gunnison County; punitive damages against Besecker; the costs of this action, including reasonable attorney’s fees and expert witness fees, and such other relief that this Court may deem just, proper and equitable.

A pretrial conference has been set for early October, and Jackson’s legal representative said a trial will likely be set shortly after.

Neither Besecker nor county attorney David Baumgarten would comment on the matter.