Clark drops bid for quick return to job

Ex-chief had appealed denial of reinstatement

December 11, 2004|By Ryan Davis | Ryan Davis,SUN STAFF

Fired police commissioner Kevin P. Clark has ended his legal effort to be immediately reinstated as the city's top police officer.

Clark, who was fired last month, has filed a wrongful termination suit against Mayor Martin O'Malley and sought an order to restore him as police commissioner.

A city Circuit Court judge denied that request last month. Clark immediately appealed that decision to the state's second-highest court, the Court of Special Appeals.

He initially sought an order restoring him as police commissioner without a formal hearing before the Court of Special Appeals. That request was denied Monday.

On Thursday, Clark withdrew the appeal, so there will be no hearing, court officials said yesterday.

City officials said the decision on the injunction bodes well for their defense in the lawsuit, which is pending in Circuit Court.

"By their actions, Clark's lawyers have acknowledged the lack of merit of the case," said City Solicitor Ralph S. Tyler. "Plaintiffs who believe their cases have merit don't dismiss their appeals. ... I think they're coming to recognize they have no chance of success."

Stuart O. Simms, Clark's attorney, said Clark could be restored as commissioner by winning the lawsuit. He said he would only respond to comments by city officials through official responses in court documents.

Clark was fired Nov. 10. The mayor said he ousted Clark because allegations of domestic violence, although unsubstantiated, had eroded Clark's ability to lead.

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