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San Diego

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A U.S. District Court clerk who was fired after he used a computer to send a personal message that went astray filed an administrative complaint Tuesday seeking reinstatement.

Eddie Stewart, 31, was dismissed earlier this month after a message intended for a fellow employee in the San Diego courthouse wound up in the District Court clerk’s office in Atlanta. Stewart said the message was diverted to Georgia because he accidentally used the wrong digits to program it.

Chief Clerk William Luddy, Stewart’s supervisor, cited “misuse of the computer” in firing the 10-year employee. Luddy said workers are only permitted to send messages if they concern court business.

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Stewart, however, maintains that sending personal messages is a common practice in the clerk’s office. He said that employees in San Diego communicate socially with clerks in other courthouses around the country.

The complaint, hand-delivered to Luddy’s office Tuesday, charges that Stewart’s firing was a retaliatory action.

Last year, Stewart, who is black, challenged a performance evaluation that rated him below the level necessary for advancement to courtroom clerk, a highly coveted post. Although the matter was resolved in Stewart’s favor by a District Court judge, his attorneys filed a memo charging that the clerk’s office practices racial discrimination in employment. Since then, another clerk has filed a complaint alleging discrimination.

Stewart is being represented in the appeal of his dismissal by Personnel Relations Implementers Inc., a Ventura County consulting firm.

Luddy could not be reached for comment.

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