BARNSTEAD — Part-time Police Officer Dave Scott has lost his lawsuit against the town, the state, and the New Hampshire Police Standards and Training Council because of jurisdiction and timing issues.
Judge James O'Neill of Belknap County Superior Court ruled last week that Scott claim against the three for violating his civil rights by denying him a full-time job after he failed a portion of his physical fitness test would be dismissed because he "failed to pursue the proper avenue of review."
Scott, who is acting as his own attorney and whose initial claim stemmed from his argument that men have to perform to higher physical standards than women to do the same job, has never actually gotten a decision based on the merits of his case.
On April 5, 2012 his verbal claim to the Human Rights Commission (HRC) was denied on the same day. On April 30, 2012 he filed a written complaint with HRC as well as the U.S. Equal Opportunity Commission.
The written complaint to the HRC was dismissed on May 8 because he was in the wrong jurisdiction and on September 22, 2012 his EEOC case was dismissed because it adopted the findings of the HRC, according to a brief rehash of his legal travails as written by Judge O'Neill in last week's ruling.
On November 14, 2012 Scott argued gender discrimination under Title VII against the state, the police standards and training council in the U.S. District Court of New Hampshire but it was dismissed on March 8, 2013 because the federal court determined he sued the wrong party saying he should have filed against the town, which is his employer.
On April 11, 2013, the U.S. District Court of New Hampshire declined to reconsider its decision so Scott filed suit in Belknap County Superior Court where the three respondents, the town of Barnstead, the state, and the police standards and training council all countered he was in the wrong court and needed to file a petition for a writ of certiorari (an appeal) and not a lawsuit.