ABERDEEN – Arguments are set for June 24 over whether to dismiss a former Tupelo police officer’s claims he was forced out for speaking publicly in support of a colleague.

Judge Sharion Aycock will hear from both sides at a hearing set for 9 a.m. in the U.S. District Courthouse in Aberdeen.

In February 2008, Cliff Hardy sued the city, claiming he was forced out of his police department job after he claimed racial discrimination against then-Deputy Police Chief Robert Hall. Hardy is white and Hall is black.

Attorneys for the city of Tupelo will tell Aycock that Hardy’s free-speech rights are outweighed by the operation of “an effective police department.”

Citing depositions from six police officials and Hardy, they claim his remarks were reckless and condemned fellow officers in the police department and investigators in another law enforcement agency.

They also will say Hardy’s voluntary retirement in March 2007, after 19 years with the department, removes his free-speech protection from the First Amendment and his retaliation claim.

Hardy’s motion opposing dismissal claims much the opposite – that at least three depositions “practically admitted” his job troubles arose because of his public criticism of Hall’s “racial persecution.”

Hall was investigated after he sent a driver home from a traffic accident, which severely injured a child riding a bicycle. Later, Hall was demoted and ultimately pleaded guilty to misdemeanor charges rather than risk a prison sentence from a perjury charge and criminal indictment for obstruction of justice.

Hardy’s contention is that the police department often uses discretion in releasing suspects or traffic violators, and that Hall’s decision was no different.

Contact Patsy R. Brumfield at (662) 678-1596 or patsy.brumfield@djournal.com.