Blevins faces federal lawsuit; order from Circuit Judges (Updated)

Sebastian County Circuit Clerk Ken Blevins was working from his vitamin store in Fort Smith on Friday afternoon (Dec. 9) because he said he needed a “quiet place” to look for a lawyer.

He will need a lawyer. Maybe several.

Blevins on Friday morning (Dec. 9) had a deputy sheriff remove Tyanna Caldwell and Cassie Vega from the clerk’s office. The action comes one day after Hudson signed and filed a four-page order on requiring Blevins to reinstate Caldwell and Vega who were fired Nov. 16.

A grievance committee ruled Wednesday (Dec. 7) that Caldwell and Vega had met the three burdens of proof to being fired without cause, while Blevins had not met any of the three burdens in firing them.

By Friday afternoon, Sebastian County Prosecutor Dan Shue prepared a document, signed by all six judges in the Sebastian County Circuit Court system, that forces Blevins to allow Caldwell and Vega to return to their jobs at 8 a.m. on Monday (Dec. 12). Shue said failure to follow the order would now subject Blevins to “the contempt powers of the Circuit Court.”

Shue said the order has been assigned to Circuit Judge Stephen Tabor.

Also on Friday afternoon, Blevins was served with notice that he is being sued in U.S. District Court by Jean Austin, Tyanna Caldwell and Lynsey Shockley. Fort Smith attorney David Dunagin represents the plaintiffs.

Dunagin said Blevins is being sued for sexual harassment, defamation and creating a hostile work environment. Austin, Caldwell and Shockley earlier this year alleged that Blevins sexually harassed them. On May 12, a three-member Sebastian County grievance committee ruled that Blevins sexually harassed office employees and created a hostile work environment. The ruling was hollow in that the grievance committee has no enforcement power against an elected official.

A few months later, an Equal Employment Opportunity Commission report did not find enough evidence to accuse Blevins of harassment violations.

During Wednesday’s grievance committee hearing, Caldwell and Vega said they believed the terminations were in retaliation for their May grievance testimony.

The suit also includes Sebastian County Judge David Hudson as a defendant.

“They (officials in Hudson’s administration) were aware of this and allowed it to continue,” Dunagin said when asked about including Hudson.

In a brief interview with The City Wire, Blevins said the efforts by Dunagin and Shue “are all a waste of time.”

“I don’t ever intend on having those girls back in my office,” Blevins said.

Blevins could be arrested and face removal from office if found in contempt of the order issue Friday by the Circuit Judges.