Woman claims county fired her for marrying a sex offender

5-9-2011 Texas:

A 57-year-old Odessa woman has filed a lawsuit against Ector County claiming she was fired from her juvenile probation job in 2009 because she married a registered sex offender.

Shirley Raymond, formerly Shirley Jean Rutledge, is suing the county because she claims it violated her First Amendment right to association, in this case, marrying a registered sex offender.

Steve Hershberger, Raymond’s attorney, said Raymond advised her supervisor of who she was marrying and that he was a registered sex offender, then was fired for that association.

“We feel it’s fairly well established that they fired her for marrying somebody,” he said. “It’s just a different little twist on a First Amendment retaliation case. You don’t see this very often.”

According to the petition, Raymond married a man in 2009 and was fired by department head Lou Serrano on March 8, 2010, specifically based on her marriage.

Her husband did not have any contact with juveniles in the Juvenile Probation Department, according to the petition.

The petition also claims age and sexual discrimination.

In the suit, Raymond is seeking $90,000 in lost income and benefits, $750,000 in future loss of income and $1.5 million for mental anguish, pain and suffering, in addition to reinstatement to her job.

Through archives, the Odessa American found record of Carl Lee Raymond and Shirley Jean Rutledge’s marriage license application from Sept. 25, 2009, which was verified by the County Clerk’s Office.

A Carl Raymond with the same date of birth was listed as a sex offender. That Carl Raymond’s case was disposed Feb. 8, 2005, in which he received probation for attempted sexual assault of a 15-year-old girl in Michigan.

They married on Oct. 10, 2009.

County Judge Susan Redford said most of the time the commissioners court does not have the final say on whether a department head fires an employee, and such was the case in this situation.

She said she did not know specific facts of the case, but some laws at the juvenile detention center could come into play.

“Whenever you are working in a juvenile facility, there are certain rules by the state that must be followed,” she said. “And with that, a registered sex offender cannot enter one of those facilities.”

However, Redford said she was not sure whether Carl Raymond did enter the facility.

Ron Griffin, who was hired by commissioners April 25 to represent the county in the case, said he just got the petition Thursday, but wouldn’t comment on it even after he reads the petition.

“After the last time I talked to you guys, I’ve got no comment for the media,” he said. “It doesn’t help me at all from a defense standpoint.”

Serrano also declined comment, as did County Human Relations Director Pat Patton. ..Source.. by JON VANDERLAAN