Case 1:16-cv-01205-JDB-egb Document 1 Filed 07/12/16 Page 1 of 11

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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION

TAYLOR ATKINS,

)
)
Plaintiff,
)
)
vs.
)
Dkt. No. 16-cv-1205
)
JURY TRIAL DEMANDED
TOWN OF GIBSON, TENNESSEE,
)
TONY BLACK, individually and in his
)
official capacity as the Mayor for the Town of
)
Gibson, Tennessee, CHARLES SUMMER, individually )
and in his official capacity as Alderman for the Town of
)
Gibson, Tennessee, BILLY LOFLIN, individually and in )
his official capacity as Alderman for the Town of Gibson, )
Tennessee, DANNY GANT, individually and in his official )
capacity as Alderman for the Town of Gibson, Tennessee, )
JOSH MEALES, individually and in his official capacity )
as Alderman for the Town of Gibson, Tennessee,
)
CLYDE FRYE, individually and in his official capacity
)
as Alderman for the Town of Gibson, Tennessee, and
)
CHRIS HOUCK, individually and in his official capacity )
as Alderman for the Town of Gibson, Tennessee,
)
)
Defendants.
)
_______________________________________________________________________________
COMPLAINT
_______________________________________________________________________________
I. JURISDICTION AND VENUE
1.

This is an action for damages, declaratory and injunctive relief, both preliminary and

permanent, to redress the violation of rights secured by the First Amendment to the United States
Constitution. Jurisdiction is invoked pursuant to 42 U.S.C. 1983, 1988, and 28 U.S.C. 1331.
Declaratory injunctive relief is authorized pursuant to 28 U.S.C. 2201 and 2202. Plaintiff further
invokes the pendent jurisdiction of this Court to hear and determine claims arising under state law,
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including T.C.A. 50-1-304, the Tennessee Public Protection Act; T.C.A. 8-50-602, the Public
Employee Political Freedom Act of 1980; T.C.A. 38-8-304 and 305, pertaining to the discipline
of police officers; and Tennessee common law. All of the actions complained of herein occurred in
Gibson County, Tennessee, within the jurisdiction and venue of this Court.
II. PARTIES
2.

Plaintiff, Taylor Atkins, is a resident of Gibson County, Tennessee, and was

employed by the Town of Gibson, Tennessee, as its Chief of Police and was the Defendant Town
of Gibsons employee as that term is defined under the Tennessee Public Protection Act and
the Public Employee Political Freedom Act of 1980.
3.

Defendant, Town of Gibson, Tennessee, (herein Gibson) is a municipality duly

incorporated under the laws of the State of Tennessee, located in Gibson County, Tennessee, and
was the Plaintiffs employer as that term is defined under the Tennessee Public Protection Act
and the Public Employee Political Freedom Act of 1980. Service of process may be obtained on
Defendant Gibson by serving its mayor, Tony Black, at Town Hall, 2204 Gibson Square,
Gibson, TN 38338.
4.

Defendant, Mayor Tony Black, is and was at all times mentioned in this

Complaint the duly elected and acting Mayor for the Town of Gibson, Tennessee, and was acting
under color of law, to wit: under color of the statutes, charter, and ordinances, regulations,
policies, customs, and usages of the State of Tennessee and the Town of Gibson, Tennessee; and
is a resident of Gibson, Gibson County, Tennessee. Defendant Black is sued in his individual
capacity and in his official capacity as a policy maker for the Town of Gibson, Tennessee.
Service of process may be obtained on Defendant Black at City Hall, 2204 Gibson Square,
Gibson, TN 38338.
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5.

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Defendant, Charles Summer, is and was at all times mentioned in this Complaint

a duly elected and acting Alderman for the Town of Gibson, Tennessee, and was acting under
color of law, to wit: under color of the statues, charter, and ordinances, regulations, polices,
customs, and usages of the State of Tennessee and the Town of Gibson, Tennessee; and is a
resident of Gibson, Gibson County, Tennessee. Defendant Summer is sued in his individual
capacity and in his official capacity as a policy maker for the Town of Gibson, Tennessee.
Service of process may be obtained on Defendant Summer at City Hall, 2204 Gibson Square,
Gibson, TN 38338.
6.

Defendant, Billy Loflin, is and was at all times mentioned in this Complaint a

duly elected and acting Alderman for the Town of Gibson, Tennessee, and was acting under
color of law, to wit: under color of the statues, charter, and ordinances, regulations, polices,
customs, and usages of the State of Tennessee and the Town of Gibson, Tennessee; and is a
resident of Gibson, Gibson County, Tennessee. Defendant Loflin is sued in his individual
capacity and in his official capacity as a policy maker for the Town of Gibson, Tennessee.
Service of process may be obtained on Defendant Loflin at City Hall, 2204 Gibson Square,
Gibson, TN 38338.
7.

Defendant, Danny Gant, is and was at all times mentioned in this Complaint a

duly elected and acting Alderman for the Town of Gibson, Tennessee, and was acting under
color of law, to wit: under color of the statues, charter, and ordinances, regulations, polices,
customs, and usages of the State of Tennessee and the Town of Gibson, Tennessee; and is a
resident of Gibson, Gibson County, Tennessee.

Defendant Gant is sued in his individual

capacity and in his official capacity as a policy maker for the Town of Gibson, Tennessee.
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Service of process may be obtained on Defendant Gant at City Hall, 2204 Gibson Square,
Gibson, TN 38338.
8.

Defendant, Josh Meales, is and was at all times mentioned in this Complaint a

duly elected and acting Alderman for the Town of Gibson, Tennessee, and was acting under
color of law, to wit: under color of the statues, charter, and ordinances, regulations, polices,
customs, and usages of the State of Tennessee and the Town of Gibson, Tennessee; and is a
resident of Gibson, Gibson County, Tennessee. Defendant Meales is sued in his individual
capacity and in his official capacity as a policy maker for the Town of Gibson, Tennessee.
Service of process may be obtained on Defendant Meales at City Hall, 2204 Gibson Square,
Gibson, TN 38338.
9.

Defendant, Clyde Frye, is and was at all times mentioned in this Complaint a duly

elected and acting Alderman for the Town of Gibson, Tennessee, and was acting under color of
law, to wit: under color of the statues, charter, and ordinances, regulations, polices, customs, and
usages of the State of Tennessee and the Town of Gibson, Tennessee; and is a resident of
Gibson, Gibson County, Tennessee. Defendant Frye is sued in his individual capacity and in his
official capacity as a policy maker for the Town of Gibson, Tennessee. Service of process may
be obtained on Defendant Frye at City Hall, 2204 Gibson Square, Gibson, TN 38338.
10.

Defendant, Chris Houck, is and was at all times mentioned in this Complaint a

duly elected and acting Alderman for the Town of Gibson, Tennessee, and was acting under
color of law, to wit: under color of the statues, charter, and ordinances, regulations, polices,
customs, and usages of the State of Tennessee and the Town of Gibson, Tennessee; and is a
resident of Gibson, Gibson County, Tennessee. Defendant Houck is sued in his individual
capacity and in his official capacity as a policy maker for the Town of Gibson, Tennessee.
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Service of process may be obtained on Defendant Houck at City Hall, 2204 Gibson Square,
Gibson, TN 38338.
III. STATEMENT OF CLAIMS
11.

Plaintiff Taylor Atkins (hereinafter Plaintiff) began his employment as the

Chief of Police for the police department of the Defendant Town of Gibson, Tennessee,
(hereinafter Defendant Gibson) on or about November 2007 and served in that capacity until
he was terminated on December 22, 2015.
12.

In August of 2014 Paul Thomas was elected the Sheriff of Gibson County

Tennessee. Plaintiff is a former deputy for the Gibson County Sheriffs Department and had
worked for the Sheriff that served prior to Thomas.
13.

Sometime prior to November 11, 2015 WBBJ, a television station in Jackson,

Tennessee that serves the west Tennessee area including the Defendant Town of Gibson and
Gibson County, ran a story about two inmates that had escaped from the Gibson County jail. On
November 11, 2015, Plaintiff posted pictures from the story on his Facebook account and stated
in the post why is this happening, this didnt used to happen?

Plaintiff avers that this

Facebook post was protected speech under the First Amendment to the Constitution of the
United States of America.
14.

The same night that Plaintiff made the Facebook post he was contacted by the

Defendant Tony Black, the Mayor of the Town of Gibson who told him that Sheriff Thomas had
called him and told him he was not happy about the post and wanted the Mayor to make Plaintiff
remove it. Plaintiff responded that he did not have to remove the post, that the Mayor couldnt
make him remove it per the First Amendment. In response, the Defendant Mayor told Plaintiff
to go ahead and call his attorney.
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Following this conversation the Defendant Mayor became hostile to the Plaintiff

and stopped communicating with him about Town business. The Mayor began personally
supervising and directing the police officers in the department that were supposed to be working
under the Plaintiffs direction, without consulting with or involving the Plaintiff.
16.

Upon information and belief, in the days and weeks following the Facebook post

the Defendant Mayor met with the each of the named Defendant Aldermen members in private
to encourage them to terminate the Plaintiffs employment in retaliation for the Facebook post.
17.

Throughout the Defendant Mayors tenure, on more than one occasion he

performed various contract work for the Town, often through his business known as Black
HVAC, without first submitting the work for bids by other contractors, in violation of city
ordinance and Tennessee State law. The Mayor would also have town employees illegally
perform work for various individuals that was not done on behalf of the Defendant Gibson or in
furtherance of town interests. On more than one occasion, the Plaintiff advised the Mayor that
this conduct was in violation of the policy.
18.

On December 21, 2015, the Mayor organized a Special Called Meeting of the

Gibson Board of Aldermen for the sole purpose of furthering his agenda to terminate the Plaintiff
for having engage in speech protected by the First Amendment and/or for refusing to remain
silent about the Defendant Mayor illegal activities. At that meeting, the named Defendant
Aldermen, acting in conspiracy with each other and Defendant Black, voted to terminate the
Plaintiffs employment. Plaintiff was never provided an opportunity to challenge this retaliatory
action.

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IV. CAUSES OF ACTION

COUNT I
Claims brought pursuant to 42 U.S.C. 1983
FIRST AMENDMENT CLAIMS
19.

Plaintiff incorporates by reference the factual statements contained in the

preceding paragraphs as if enumerated herein.

20.

Plaintiff avers that the Defendant Town of Gibson, and Defendant Black, in his

individual and/or official capacity as Mayor and policy maker for the Defendant Gibson, acting
intentionally and/or with deliberate indifference to Plaintiffs constitutional rights, retaliated
against the Plaintiff for engaging in speech protected by the First Amendment to the United
States Constitution in violation of Plaintiffs rights under said Amendment, resulting in the
damages listed below.
21.

Plaintiff avers that Defendant Black, acting in his individual and/or official

capacity, conspired with the each of the named Defendant Aldermen, acting in their individual
and official capacities and acting intentionally and/or with deliberate indifference to Plaintiffs
constitutional rights, retaliated against the Plaintiff for engaging in speech protected by the First
Amendment to the United States Constitution in violation of Plaintiffs rights under said
Amendment, resulting in the damages listed below
COUNT II
TENNESSEE PUBLIC PROTECTION ACT
22.

Plaintiff incorporates by reference the factual statements contained in the

preceding paragraphs as if enumerated herein.

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23.

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Plaintiff avers that the above stated acts of the Defendant Gibson, acting as the

Plaintiffs employer, was a termination of his employment in retaliation for the Plaintiff having
refused to engage in or remain silent about illegal activities, in violation of his rights under
T.C.A. 50-1-304.
COUNT III
VIOLATION OF PUBLIC EMPLOYEE POLITICAL FREEDOM ACT OF 1980
24.

Plaintiff incorporates by reference the factual statements contained in the

preceding paragraphs as if enumerated herein.

25.

Plaintiff avers that he exercised his rights under the Public Employee Political

Freedom Act of 1980 under T.C.A. 8-50-602.

26.

Plaintiff avers that the named Defendants violated his rights under the Public

Employee Political Freedom Act of 1980 by terminating his employment for communicating
with elected public officials as indicated in the preceding paragraphs.
27.

Plaintiff further avers that the Defendants retaliated against Plaintiff due to his

exercise of rights under the Public Employee Political Freedom Act of 1980.
28.

Plaintiff avers that he has been damaged as a result of Defendants unlawful,

discriminatory, and retaliatory actions taken in violation of the Public Employee Political
Freedom Act of 1980.
29.

Plaintiff avers that the named Defendants knowingly, intentionally, willfully, and

deliberately disregarded Plaintiffs rights under the Public Employee Political Freedom Act of
1980.

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COUNT IV
CIVIL CONSPIRACY
30.

Plaintiff incorporates by reference the factual statements contained in the

preceding paragraphs as if enumerated herein.

31.

Plaintiff avers that the named Defendants acted with a common purpose to

unlawfully terminate Plaintiffs employment as the Chief of Police for the Town of Gibson.
32.

Plaintiff avers that all named Defendants intended to accomplish this common

purpose and knew of each others intent to accomplish this common purpose that directly injured
Plaintiff by depriving Plaintiff of his employment and the benefits thereof as complained of
herein.
33.

Plaintiff avers that all named Defendants engaged in one or more overt acts in

furtherance of the conspiracy.

34.

Plaintiff avers that the overt acts of all named Defendants were committed in

furtherance of the conspiracy and were acts that directly injured Plaintiff by depriving him of his
employment and the benefits thereof.
V. DAMAGES
35.

As a direct and proximate cause of the foregoing deprivations of constitutional

freedoms and statutory rights committed by Defendants, Plaintiff has suffered mental anguish,
public humiliation, diminished reputation, loss of employment and the benefits of employment,
and has had to retain legal counsel to defend and prosecute his rights.
36.

As a basis for punitive damages, Plaintiff would show that the deprivations of

constitutional freedoms and statutory rights by the individually named Defendants were

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knowingly, intentionally, and maliciously done; and said acts were further an abuse of the power
and trust for public officers.
VI. PRAYER FOR RELIEF
WHEREFORE,

PREMISES

CONSIDERED,

PLAINTIFF

RESPECTFULLY

REQUESTS THAT THE COURT:

a.

Declare Defendants actions taken against Plaintiff to be in violation of 42 U.S.C.

1983 and in contravention of the First Amendment to the United States Constitution and the
laws of the State of Tennessee;
b.

Enter preliminary, and thereafter a permanent injunction enjoining Defendants

from engaging in the practices in violation of the United States Constitution and laws of the State
of Tennessee as complained of herein;
c.

Accept jurisdiction of the pendant state claims alleged in the Complaint;

d.

Award Plaintiff compensatory damages against all Defendants as authorized by

42 U.S.C. 1983 and state law in the amount to which he shows himself entitled;
e.

Award Plaintiff punitive damages against the individually named Defendants in

their individual capacity;

f.

Award Plaintiff treble damages for the Defendants violation of his rights under

the Public Employees Political Freedom act of 1980 as authorized by T.C.A. 8-50-603;
g.

Award Plaintiff his costs, including a reasonable attorneys fee, pursuant to 42

U.S.C. 1988; T.C.A. 50-1-304(c)(2), and/or T.C.A. 8-50-603;

h.

Award Plaintiff any further relief, both general and specific, to which he may be

entitled to in the premises;

i.

Grant Plaintiff a trial by jury in this cause.

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Respectfully Submitted,

WEINMAN THOMAS LAW FIRM

/s/ Michael L. Weinman

Michael L. Weinman (#015074)
Attorney for Plaintiff
112 S. Liberty Street, Suite 321
P.O. Box 266
Jackson, TN 38302
(731) 423-5565
mike@weinmanthomas.com

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