A federal jury sided with Adams County Sheriff's Sgt. Mark Nicastle on Thursday in his lawsuit against Sheriff Doug Darr.
Nicastle alleged that Darr had retaliated against him for seeking the position of sheriff by disciplining Nicastle in 2007 and 2008 and then demoting him from lieutenant to sergeant. The jury awarded Nicastle $99,000 for emotional pain and suffering, $24,600 for lost wages resulting from his demotion, and $1 in punitive damages.
Darr won a third term in November, defeating Nicastle by about 6 percentage points in a three-way race.
Judge Robert Blackburn will decide at a later date whether to reinstate Nicastle as a lieutenant or award him so-called "front pay" for what he might have earned in the future. A ruling on whether to award attorney fees and litigation costs also will be decided by the judge, said Don Sisson, who served with Reid Elkus as Nicastle's legal team. The county will be responsible for paying damages.
Darr, who was represented by Assistant County Attorney Heidi Miller with assistance from paralegal Kelly Vis, alleged that the disciplinary actions and demotion were based solely on behavioral and performance issues.
When asked for comment after the verdict, Nicastle requested time before responding. Darr said none of the decisions he made were based on politics. He said he was term-limited at the time of the disciplinary actions and demotion, and said he steered clear of a 2009 ballot question that cleared the way for county officeholders to seek a third term.
Scott Gilbert can be reached at scottg@metronorthnews.com