City seeks to throw out lawsuit - KCBD NewsChannel 11 Lubbock

5/16/10

City seeks to throw out lawsuit by newly hired Animal Services Director

By James Clark | email

LUBBOCK, TX (KCBD) – Lubbock's newly hired Director of Animal Services is still suing the city.  But that could change.  City Hall filed a motion in federal court Friday to have Martha Ellerbrook's lawsuit thrown out. 

She sued in 2006 saying she was illegally passed over and not hired as the city's Water Programs Coordinator.  She claims that the city refused to hire her because she helped her husband, Terry Ellerbrook, pursue a lawsuit against the city.  Then, in March of this year she was hired as the Director of Animal Services. 

The City's motion to dismiss Martha Ellerbrook's lawsuit says an outside consultant ranked two other candidates as better for the job of Water Programs Coordinator.  The city's legal brief says, "simply stated, Lubbock hired the applicant who the consultant rated as the person best suited for the position ".  Ellerbrook will get a chance to respond in court records before the judge makes a ruling.

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