Bradley Landwehr, former Public Works Director for the City of Gerald has filed a second appeal in his federal lawsuit against the city, and lost.

Landwehr originally filed suit in federal court claiming the city had violated his civil rights. In April 2015, newly elected Mayor Keith Wehmeyer did not reappoint Landwehr to the public works position.

A year later, in April 2016 Landwehr filed a suit in the Eastern District of Missouri against the city, two former mayors and two aldermen.  He claimed he was terminated (or not reappointed) because he had campaigned for his brother, Jeff, who was running in opposition of Wehmeyer. 

Originally, Landwehr also claimed age discrimination, but that claim was dismissed.

In January 2018, a jury found in favor of the city and the elected officials and a judgement was entered Feb. 1.

Costs for the suit were assessed against Landwehr.

Landwehr filed an appeal of that judgement Feb. 29, and asked for a new trial. That appeal was denied by The Honorable John A. Ross on April 25.

On May 18, Landwehr appealed the decision to the U.S. Court of Appeals for the Eighth Circuit.  There, a three-judge panel affirmed the decision of district court.

Landwehr then requested the court en banc (on the bench; all judges of a court sitting together) to rehear the matter and require a new trial.

On Monday, Oct. 28, the U.S. Court of Appeals issued the following:

The petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied.

It seems the lawsuit is finally over.

The City of Gerald was represented by Berry Wilson LLC a law firm appointed by their insurance carrier, MoPerm.

Landwehr was represented by Lynette M. Petrushka of Pleban and Petrushka Law, LLC.