Judge dismisses ex-Greenberg staffer's lawsuit claiming Louisville broke Ky. whistleblower law

LOUISVILLE, Ky. (WDRB) -- A judge on Wednesday dismissed a lawsuit from a former Louisville government employee who alleged she was fired for reporting ethics violations involving Mayor Craig Greenberg's wife.

Samantha Ricketts, a former graphics specialist in the mayor's office, claimed she was terminated after raising concerns about First Lady Rachel Greenberg asking Ricketts to do work for her. The suit filed in February argued that the city violated Kentucky's whistleblower law.

But Jefferson Circuit Court Judge Tracy E. Davis ruled that there is no evidence that Ricketts' report to a supervisor rose to the level of a whistleblower complaint under Kentucky law, which requires an employee to tell an "appropriate body or authority."

"There is no allegation that Ms. Ricketts made or attempted to make a good faith disclosure of a suspected ethics violation to an appropriate authority," Davis wrote in her order.

The lawsuit, filed by attorney Thomas Clay, claims Ricketts' disclosure to Mayor Greenberg's then-communications director Matt Erwin amounted to a report of a city ethics code violation that meets the state law requirement.

After reading Davis' ruling, Clay told WDRB News: "Obviously we disagree with it, and we plan to appeal."

Mayor Greenberg said in a statement that Ricketts' claims "had no legal merit and the Court clearly saw that and quickly dismissed the case."

He reiterated previous comments made when the lawsuit was filed, saying in part that "our city is fortunate to have Rachel – a compassionate, loving and kind First Lady who is committed to making an impact by volunteering with schools, children and families throughout Louisville who welcome her with open arms and smiles."

The lawsuit claimed Rachel Greenberg, a volunteer and not a city employee, gave "orders and tasks" to Ricketts that were not part of her job description and broke city ethics rules.

In its response to the suit, Metro government lawyers called Ricketts' claims "nothing more than a garden variety personnel dispute not rising to the level of whistleblower protection," and argued that no reasonable person would believe Rachel Greenberg's requests for Ricketts to work on design projects qualify as "a violation of the law, or constituted waste or fraud."

"This is at best nothing more than a departure from the previous Administration's process to which Ricketts was accustomed," the attorneys wrote.

Clay responded in court filings, claiming that the city's arguments failed to address the issue raised by Ricketts. He wrote that there was "overwhelming evidence" that Rachel Greenberg gave direct orders to Ricketts and another employee without going through a supervisor.