PRICHARD, Alabama (WALA) - Now that a federal judge has dismissed Prichard's bankruptcy case, the attorney representing retired workers in the city wasted no time moving forward with the pensioners' lawsuit.
Just before 2 p.m. Wednesday, Robert Hedge filed a new motion in Mobile County Circuit Court. The injunction would force the city of Prichard to start paying about 150 retired workers.
"I have spent yesterday afternoon and most of the night last night drafting a class action complaint on behalf of all 140, 150 retirees, asking that the court enter an order requiring that the city and the board pay over money that's being held in trust," Hedge said.
The amended motion covers all 150 pensioners in Prichard, including retired police officer Edwin Ragland and CW Currie a retired firefighter. Ragland was shot during a robbery attempt.
FOX10 News talked to Currie in 2009, just before the lawsuit was filed.
"I'm 71-years-old and going back to work at 71 is hard. It's hard, really hard. Main thing is getting a job that I can do," Currie said then.
Even though the lawyer is moving forward with the lawsuit, they may not be clear for the case. That's because the city can appeal the judges ruling, and there's another option that could create a delay.
"We think the court erred in it's ruling. We're going to probably ask the court to reconsider it in light of some facts. I don't think the court took into consideration," said Scott Williams, the Birmingham attorney representing Prichard.
If that effort fails, Williams said the city will appeal. But what about paying up in the meantime?
"The city has no money. The city doesn't have the ability to start paying it's pensioners like it was before," according to Williams.
But Hedge disagrees.
"Every month or every two weeks, 16.5 percent of current pay roll is deposited into the trust account. That's been going on for the past year. So that's been accumulating over the past 12, 13 months, and I've got bank records indicating as of July, no June 30, that the account had a little over $500,000 in it," Hedge said.
Hedge said the money in the trust account that has been on hold since the city filed for bankruptcy in 2009. According to Hedge, the money in the account has grown, because it is taken from employee's pay checks and funds which the city is required to match.
Hedge said even if the judge agrees the city should start paying, he says it will be a few months before retirees get a check.
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