A Sebastian County judge this week dismissed an Arkansas Whistle Blower Act lawsuit against the Fort Smith police chief and others.

A Sebastian County judge this week dismissed an Arkansas Whistle Blower Act lawsuit against the Fort Smith police chief and others.


The lawsuit was filed in January 2014 by Little Rock attorney Matthew Campbell on behalf of former Fort Smith officer Don Paul Bales, Cpl. Wendall Sampson Jr. and Sgt. Rick Entmeier.


Circuit Court Judge James Cox granted the city’s motion for summary judgment in the case, which was scheduled for trial next week.


"I’m pleased that the judge agreed the city did not violate the Whistle Blower Act," Fort Smith City Administrator Ray Gosack said, "and that our management and supervisory employees acted properly."


The 42-page complaint claimed Bales, Sampson and Entmeier were retaliated against with "a variety of baseless claims" for communicating to Police Chief Kevin Lindsey suspected violations of policy and law related to the termination of Addisen Entmeier, who is Rick Entmeier’s son. The complaint also alleged Sampson was additionally targeted for communicating suspected overtime irregularities in the dispatch center.


On Wednesday, Campbell said he plans to appeal the judge’s summary judgment.


"The ruling was pretty much absurd," Campbell said. "There was no basis for it at all. It was a two-hour hearing, and he ruled in eight minutes. His mind was made up before he walked in. I thought he would deny my motion, deny their motion and go to trial next week."


Cox also dismissed an April 10 motion for sanctions that alleged the city attempted to hack Campbell’s computer. Campbell claimed an external hard drive containing discovery material provided to him by the Police Department "contained malicious software designed to hack into Plaintiffs’ counsel’s computer, rendering the hard drive unsafe for Plaintiffs’ use."