CHARLESTON – A Lincoln County magistrate has been accused of forcing a former office assistant to work on her re-election campaign during work hours.
Heather Lucas filed her complaint against Magistrate Kim Lovejoy Clayton in Kanawha Circuit Court. The state Supreme Court, as an employer, also was named as a defendant.
In her answer, Clayton denies the allegations and seeks to have the case dismissed.
According to the complaint, Lucas was asked by Clayton to perform work on Clayton’s campaign by doing such things as addressing flyers during normal working hours. Lucas says she initially refused to perform the duties, but she says Clayton forced her to do so.
“Your job is to work for me,” the complaint quotes Clayton as telling Lucas. “Be quiet, do your job, shut your mouth or you will be fired.”
Lucas says Clayton’s husband echoed those sentiments.
“You better do what she tells you to do,” he allegedly told Lucas.
Lucas says Clayton told her that if someone came to her office door while she was doing campaign work to turn the papers over so no one could see what she was doing.
Lucas says Clayton also demanded she place a campaign sign in her yard and magnets on her car. She says she refused to do so because she does not share the same political views as Clayton.
“If you want to keep your job you better go vote for me,” she says Clayton told her.
Lucas also says a state investigator contacted her about allegations of election fraud and other things by Clayton. During her time in Clayton’s office, she says she spoke to several such investigators.
When Clayton learned Lucas had talked to investigators, she says Clayton told Lucas her name “was mentioned in something” that she “couldn’t get into” but it was “very damning information against her.”
“Loyalty is everything,” Clayton allegedly told Lucas. “If I ever found out you were not loyal, I would destroy you.”
Acting as an agent for the Supreme Court, Clayton fired Lucas on January 4.
Lucas accuses Clayton of discharge in violation of public policy, violation of constitutional rights and violation of whistleblower law.
In her answer, Clayton denies the allegations and seeks to have the case dismissed. In her partial motion to dismiss and supporting memorandum of law, Clayton seeks to at least have the count alleging a constitutional violation dismissed saying Lucas has no right to recover using that claim.
“It is not clear how plaintiff suggest that those constitutional provisions were even violated,” the motion states. “Count II of the complaint should be dismissed for the basic fact that there are no factual allegations contained in the complaint that, if proven, would demonstrate a violation …”
Clayton has served as a magistrate since 2016. Her campaign Facebook page says she has served the people of Lincoln County for more than 40 years as a teacher, coach, principal and magistrate.
Lucas says she suffered lost wages and benefits in addition to indignity, embarrassment, humiliation, emotional distress, annoyance and inconvenience. She seeks compensatory damages, pre-judgment interest, attorney fees, court costs and other relief.
Lucas is being represented by Mark A. Atkinson and Paul L. Frampton Jr. of Atkinson & Polak in Charleston. David J. Mineer and Samuel L. Bloom of Bailey & Wyant are representing Clayton, and Bryan R. Cokeley of Steptoe & Johnson is representing the Supreme Court.
The case has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 21-C-577