Judge rejects lawsuit

A federal judge on Thursday dismissed the lawsuit filed by former Henderson City Manager Mary Kay Peck over the city's decision to fire her.

The lawsuit, filed in May, accused the city and its council members of violating Peck's employment contract and conspiring against her behind closed doors.

According to the lawsuit, Peck never received a performance evaluation in her 18 months on the job and never was given a chance to respond to the allegations that led to her April termination.

City leaders said Peck created a "culture of fear" at City Hall, withheld information from the mayor and council and failed to respond appropriately to the city's budget woes.

In a document requesting the dismissal of Peck's lawsuit, attorney William Cooper argued that Peck had failed "to state claims upon which relief can be granted."

Peck "was employed with the City of Henderson as City Manager under the terms of a written employment agreement which allowed the City to terminate her employment for cause, without cause or by refusing to renew the term of the employment agreement," Cooper wrote.

According to the court document, Peck "was not entitled to notice, a pre-termination hearing or an opportunity to be heard prior to the termination of her employment."

Peck is represented by attorney Norman Kirshman. A woman who answered the phone Thursday at Kirshman's office said he would not be speaking to reporters.

U.S. District Judge James Mahan dismissed Peck's lawsuit, which alleged civil rights violations. Kirshman could appeal the decision to the 9th U.S. Circuit Court of Appeals in San Francisco, or he could file an amended complaint with new claims.

Mahan granted qualified immunity to the City Council members, which precludes Peck from suing them individually for punitive damages.

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710.