A federal jury decided Monday in favor of a former Alcohol and Tobacco Control commissioner in a lawsuit that alleged he unfairly fired a former employee of the state agency. 

The jury unanimously ruled that former ATC head Troy Hebert did not defame or retaliate against former ATC agent Brette Tingle when he fired him in August 2015. 

"It was a complete victory," said Hebert's attorney, Edward Kohnke. 

Kohnke said the jury also found that Hebert did not invade Tingle's privacy or violate his civil rights.

Tingle, who served as the special agent in charge of ATC’s New Orleans region, was fired after a review of his work cellphone records revealed the veteran agent had made racial and sexual comments in text messages to co-workers and also threatened violence toward his superiors, according to a disciplinary letter. That letter also detailed allegations of payroll fraud against Tingle.

Tingle claimed in the lawsuit that his public firing amounted to defamation, and alleged that his termination was retaliation for participating as a witness in a different discrimination case against Hebert. 

Tingle's lawyer, J. Arthur Smith, vowed to continue with the case, hoping the judge will either grant a retrial or a new ruling. Smith said he still believes, despite the jury's vote, that using years-old phone records, which on at least one account included a racial epithet, as evidence the case was an invasion of his client's privacy.

Smith said he is hopeful the judge in the case will "correct the injustice."

"It's a travesty," Smith said Tuesday. "(Tingle) stood up for what's right and doing the right thing and he gets his career ruined." 

Follow Grace Toohey on Twitter, @grace_2e.

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