Lawsuit over firing by judge is dismissed

4/12/2013

A federal judge has dismissed a wrongful termination lawsuit filed against a Lucas County Common Pleas Court judge by a former employee.

U.S. District Court Judge James Carr dismissed the complaint against Judge Gary Cook filed by Colleen Cimerman, who worked as his criminal bailiff from 2004 until she was fired Feb. 11, 2011. Mrs. Cimerman, a court employee since 1999, alleged she was fired after returning from an approved medical leave.

The Lucas County Prosecutor’s Office, which represented Judge Cook, contended Judge Cook did not qualify as an employer bound by the federal Family and Medical Leave Act and cited an unrelated lawsuit in which the federal court determined Lucas County Common Pleas Judge Stacy Cook — wife of Judge Gary Cook — did not qualify as an FMLA employer. Based on that, the court dismissed a suit brought against her by her former staff attorney.