Appeals court dismisses Columbia police chief’s immunity claim in civil case

A federal court dismissed Columbia police Chief Ken Burton’s appeal for immunity in a wrong termination lawsuit filed by a former city employee.

Zim Schwartze, the city’s former Emergency Management Director, sued the city along with Burton and City Manager Mike Matthes in 2014 for wrongful termination and breach of contract.

Schwartze was let go from her position in 2012 after she refused to resign.

The Eighth U.S. Circuit Court of Appeals made the ruling Thursday stating the judges had lack of jurisdiction to consider Burton’s appeal.

According to the judges, a government official is protected unless he violates clearly established statutory or constitutional rights.

Burton claims it wasn’t his decision to terminate Schwartze from her position and it wasn’t his obligation to provide her with due process. He said that should have been handled by the city manager or the city’s legal department.

But the appeals judges said there were some factual inconsistencies in the case that should be discussed in court such as the extent of Burton’s role in terminating Schwartze and his due process obligations.

ABC 17 News reached out to both parties for comment on the latest ruling, but were either directed to their legal team or did not hear back.