A circuit court judge has dismissed the Carter County government as a defendant in a case filed by Carter County Planning and Zoning Director Chris Schuettler, leaving only Mayor Leon Humphrey as a defendant.
Judge Thomas Seeley Jr. heard a motion in the case on Monday in Carter County Circuit Court. Schuettler, who filed the original case in July, submitted a motion to amend the complaint last week.
Shortly after Schuettler filed his original complaint in July, Carter County and Humphrey, represented by Attorney Jeffrey Ward, submitted a motion to dismiss the suit. The two defendants claimed the county is immune from prosecution. The motion for dismissal stated that immunity is only lifted when its employees commit negligent acts. The motion states that Humphrey is alleged in Schuettler’s complaint to have conducted an intentional act, rather than a negligent act.