The Greenwood Leflore Hospital Board of Commissioners has filed a countersuit against its former attorney, George Dulin, who last November accused the board of discrimination.
The board’s complaint, filed July 3 in federal court, claims Dulin was “negligent, breached his fiduciary duty and breached his contract with the board in his failure to carry out his duties to his client.”
The board is seeking monetary damages from Dulin.
Susan Desmond, the Gulfport attorney representing the board, said Tuesday evening that she could not comment on continuing litigation.
The countersuit comes roughly eight months after Dulin, who is white, filed a reverse discrimination lawsuit against the board.
Tupelo-based attorney Jim Waide, who is representing Dulin, called the countersuit “strictly retaliatory,” saying, “They had no intention of filing any type of claim against Mr. Dulin until he filed his lawsuit against them.”
Dulin resigned as the board’s attorney in June 2006, having served in the position 24 years. In his federal lawsuit, Dulin contends he was forced out of the job because the board’s three black members – Chairman Sammy Foster, Gladys Flaggs and Walter Parker – “desired to replace (him) with a black person.” The suit also claims that the board’s two white members – Alex Malouf and Brian Waldrop – knew “the motivation for replacing (Dulin) was solely racial but decided to go along with the decision” to remove him.
The board unanimously voted to remove Dulin from his post. Attorney W.M. Sanders, who is black, was chosen to fill the job.
According to his lawsuit, Dulin has suffered lost income and anxiety over the loss of the position. The complaint goes on to say that he has developed a skin condition that “has required substantial medical attention and medical bills.”
Dulin, 82, is seeking unspecified monetary damages.
In court documents, the hospital board denies any wrongdoing.
In its countersuit, the board accuses Dulin of failing to meet court deadlines and “timely pursue litigation against physicians who had failed to make repayments to the hospital.” The suit states that this resulted in monetary damages to the board.
So far, the two lawsuits have led to depositions from many local political leaders. Among those deposed are all five hospital board members; hospital Executive Director Jerry Adams, former County Attorney Willie Perkins Sr., Leflore County District 2 Supervisor Robert Moore and Greenwood City Council President David Jordan.
Moore, Perkins and Jordan all attended a controversial Greenwood Voters League meeting in August 2005, during which Moore reportedly asked Foster when the board would replace Dulin with a black attorney.
Jordan, who also is a state senator, was quoted in the Commonwealth as saying that Dulin’s position should be filled by a black attorney.
Commonwealth reporter Bob Darden, who covered the meeting, has also given a deposition.
According to Waide, Moore and Jordan denied in their depositions making the statements attributed to them.
Waide, a longtime civil rights and employment discrimination lawyer, described the board’s counterclaim as “malicious.”
“When we took depositions they made nothing but trivial complaints against Mr. Dulin’s work,” Waide added.
Dulin, who is retiring his Greenwood private practice, could not be reached for comment.
Sanders is scheduled to be deposed Thursday.
