Court sides with Clancy over Buzzy

LYNN – A federal appeals court has sided with former mayor Edward Clancy Jr., who faced a harassment lawsuit by retired Lynn firefighter and current councilor-at-large candidate Gordon “Buzzy” Barton, according to a recent decision.Barton alleged Clancy harassed and retaliated against him on several fronts following his 2004 retirement from the Fire Department, stemming from an on-the-job back injury. He sought damages of $100,000 for the purported violation of his civil rights.U.S. District Court Judge Joseph Tauro first heard the case and sided with Clancy and the city. Barton took the matter to the U.S. Circuit Court of Appeals. A three-judge panel entertained oral arguments in October 2009, when Clancy was individually represented by attorney John Hitt, Barton by attorney Harold Lichten and the city by attorney James Lamanna.After nearly 16 months, the Circuit Court on Jan. 14 handed down a judgment upholding Judge Tauro’s ruling.”We’re pleased with the court’s careful and well-reasoned decision,” said Hitt.Lamanna explained Barton could continue the challenge by asking the four remaining members of the seven-judge U.S. Circuit Court of Appeals to hear the case, or by seeking an audience before the U.S. Supreme Court.He noted neither legal avenue is likely, particularly the latter since the U.S. Supreme Court hears few cases and usually those with large scope.”The court appears to be saying, even if what Barton is alleging is true, we don’t see it going before a jury because his rights were not violated,” Lamanna said.The long-standing differences between Barton and Clancy were played out in the lower courts, in previous lawsuits, union protests and in newspaper stories. According to Barton, problems arose after he had served 30 years as a Lynn firefighter and left the department on a disability retirement in 2004.At the time, Barton had been an appointed member of the city’s Parks Commission since 1995. In 2006, tensions increased as Barton was hired as boys’ basketball coach for one of the city’s public high schools, according to the court decision. Later that year, Clancy declined to reappoint Barton to the Parks Commission. Barton cried retaliation.Clancy also publicly criticized Barton for accepting the basketball coaching job, contending he lacked the ability to carry out those responsibilities because of his physical injuries.Barton’s association with the Lynn firefighters’ union also caused confrontation.From 2000 to 2004, Barton was the “public face” of the union, according to the lawsuit.When Clancy announced in 2002 plans to layoff 30 firemen, Barton went to the media with concerns about public safety. He also led the firefighters’ picketing of a Clancy fundraiser.Barton also participated in several lawsuits against the city and the Lynn Water & Sewer Commission.One legal action focused on firefighter staffing, another on the commission’s hiring practices that allegedly were tainted by racial discrimination, according to the court decision. A third lawsuit in 2005 was a class action alleging the city’s civil service exam negatively impacted African-American and Hispanic firefighter candidates.All of these events served to increase the animosity between the two men, according to the court’s decision.When Barton accepted the coaching position, Clancy hand-delivered a letter to English High Principal Andrew Fila, strongly criticizing his decision to hire Barton and urged the appointment be rescinded.As Clancy put it, “Mr. Barton may possess many redeeming qualities. However, a person receiving a disability pension does not fit the mold for a vigorous individual that is implicit in the qualifications of being a basketball coach,” according to the decision.Barton remained as coach and went on to a winning season. Clancy cranked up the pressure by initiating investigations into Barton’s taxes and disability pension, according to the federal court judgment.Soon after penning his 2006 letter to Fila, Clancy requested fr