Judge dismisses former ambulance director’s lawsuit against Jefferson County

FAIRFIELD – A judge has dismissed a lawsuit against Jefferson County filed by its former ambulance director.

Eighth Judicial District Judge Joshua P. Schier granted the county’s motion to dismiss a lawsuit filed by Brian Thomas, who was the county’s first ambulance director when it switched to being a county-run entity in 2023. Thomas resigned in April 2024, but in court filings, argued that he had rescinded his resignation, and that the county terminated him without a hearing and in violation of the state’s veterans preference statute. Thomas also claimed that his resignation agreement with the county was coerced.

In his ruling filed July 9, Schier granted Jefferson County’s motion to dismiss the case because he found that the position of ambulance director falls under an exception to the veterans preference statute because it is a department head.

“Even when viewing the Petition and its contents in the light most favorable to the Plaintiff [Brian Thomas], the Court does find Thomas falls under the exceptions of Iowa Code Section 35C.8 and his action must therefore be dismissed,” Schier wrote.

Schier wrote that Thomas’ arguments showed that he “misinterprets both the statute and case law,” and “he relies on a case, Kelly v. City of Des Moines, which does not

exist.”

The Union asked Thomas about the citation of “Kelly v. City of Des Moines,” and he said that he made an error in that citation, meaning to cite a case by a different name, and that he submitted a corrected citation a day or two later that the judge did not acknowledge.

“That was my fault for not looking into it a little bit more,” he said. “I’m acting pro se, so I’m trying to do everything else as well.”

Thomas represented himself pro se, meaning he did not have an attorney. When asked why he did not hire an attorney, Thomas said it was hard to find one because most of them want money up front.

“And I can’t get a job in this state,” Thomas said. “I’ve tried 30 different places or more trying to get a job in EMS, and I can’t get a job.”

Thomas said that, despite the unfavorable result from Judge Schier’s ruling, he’s not giving up on his lawsuit against the county, and plans to file an appeal.

Jefferson County Attorney Chauncey Moulding said that Thomas’ claims against the county were “completely meritless and without grounds.”

“Motions to dismiss are only granted when a plaintiff like Mr. Thomas’ claims are so mislaid that they cannot prevail under any set of circumstances,” Moulding said. “Mr. Thomas’ claims were simply a frivolous and vexatious abuse of the legal process from a former employee attempting to smear his former employer – this was all just legal ‘axe-grinding.’ It is great to see that the Court has declined to further entertain his meritless claims.”

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Call Andy Hallman at 641-575-0135 or email him at andy.hallman@southeastiowaunion.com

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