IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF TENNESSEE

AT NASHVILLE
LT. PAT STOCKDALE and )
LT. SHANE DUNNING, )

Plaintiffs

vs. ) JURY DEMANDED

THE CITY OF FAIRVIEW, TENNESSEE, )

TERRY HARRIS, ) Case No.

WAYNE HALL, )
PATTI CARROLL, )
TONEY SUTTON, )
SHANNON CRUTCHER, )
ALAN BISSELL, and )

STUART JOHNSON )
Defendants

ORIGINAL COMPLAINT

Come now, the Plaintiffs, by and through counsel, and for their cause of action against
the Defendants, individually and in their official capacities, would show unto the court as
follows:

PARTIES
1. Plaintiff Pat Stockdale is a resident and citizen of Williamson County, Tennessee. He is
a Lieutenant with the Fairview Police Department in Williamson County, Tennessee.
2. Plaintiff Shane Dunning is a resident and citizen ofDickson County, Tennessee. He is a
Lieutenant with the Fairview Police Department in Williamson County, Tennessee.
3. The Defendant City of Fairview, Tennessee, is a municipality incorporated under the
laws of State of the Tennessee, which entity is located in Williamson County, Tennessee.

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4. Defendant Terry Harris is the former Chief of Police for Fairview, Tennessee. Upon
information and belief, this Defendant is a citizen and resident of Williamson County,
Tennessee.

5. Defendant Wayne Hall is the former City Manager of Fairview, Tennessee. Upon
information and belief, this Defendant is a citizen and resident of Williamson County,
Tennessee.

6. Defendant Patti Carroll is the Mayor of Fau-view, Tennessee. Upon information and
belief, this Defendant is a citizen and resident ofWilliamson County, Tennessee.
7. Defendant Toney Sutton is the Vice Mayor of Fairview, Tennessee. Upon information
and belief, this Defendant is a citizen and resident ofWilliamson County, Tennessee.
8. Defendant Shannon Crutcher is a Commissioner for Fairview, Tennessee. Upon
information and belief, this Defendant is a citizen and resident of Williamson County,
Tennessee.

9. Defendant Alan Bissell is a Commissioner for Fairview, Tennessee. Upon information

and belief, this Defendant is a citizen and resident ofWilliamson County, Tennessee.
10. Defendant Stuart Johnson is a Commissioner for Fairview, Tennessee. Upon information
and belief, this Defendant is a citizen and resident ofWilliamson County, Tennessee.

JURISDICTION AND VENUE

11. This action is brought pursuant to 42 U.S.C. 1983 and 42 U.S.C. 1988 seeking to
redress a deprivation of the Plaintiffs' rights by the Defendant acting under color of law,
which rights are secured by the due process provisions of the Fifth and Fourteenth

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Amendments to the U.S. Constitution, and rights guaranteed by the First Amendment to
the U.S. Constitution.
12. This complaint concerns the violations of civil rights, and this Court has federal question
jurisdiction pursuant to 28 U.S.C. 1331 and 1343. This Court has supplemental
jurisdiction over Plaintiffs' state law claim pursuant to 28 U.S.C. 1367(a). All of the
claims alleged herein arose in this district, and Venue is in this District is therefore proper
pursuant to 28 U.S.C. 1391.

ALLEGATIONS OF FACT
The Apex Security Scandal.
13. Lt. Pat Stockdale began working for the Fairview Police Department in July of 2004. He
rose through the ranks from Corporal to Sergeant, and was promoted to Lieutenant in
March of 2015.
14. Lt. Shane Dunning began working for the Fairview Police Department on or about May
2008. He was hired as a drug interdiction officer and was also promoted to Lieutenant in
March 2015.
15. Ronnie Williams was the former chief of police at Millersville, Tennessee. In 2015,
Ronrde Williams left Millersville and became a reserve officer with Fairview PD.
Although there was no posting for the position, he was promoted to Detective by Chief
Terry Harris. No other Fairview officers were offered the job.
16. Ronnie Williams is a management employee of Apex Security, a security company that
provides security services at various locations, including Nissan Stadium, Vanderbilt,

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Gaylord Opryland, and other high-profile locations throughout the greater Nashville
Area.

17. Plaintiff Stockdale was opposed to Ronnie Williams becoming a Fairview Police officer
because of his ties with APEX Security. There were numerous conflicts with Williams
being a supervisor at APEX and also being a subordinate officer at Fairview PD.
18. Billy Gross was also an auxiliary officer for Fairview PD. He was on the APEX payroll,
and also owned his own security company. Uniform Protective Services. Chief Harris
and the Assistant Chief Mark Sutton allowed Mr. Gross to circumvent normal hiring
procedures for police officers: he was allowed to submit a psychological evaluation that
was over a decade old; he was allowed to be examined by his own personal doctor as
opposed to the City doctor for the department physical; he was not interviewed by the
supervisors, including the Sergeants and the Lieutenants, as is normal practice. This
deviation from the standard practice that is imposed on all other officers created conflict

within the Fairview PD hierarchy, ultimately leading Billy Gross to state that he "only
answered to the Chief," not the Lieutenants.
19. APEX paid Chief Harris and Asst. Chief Mark Sutton for security services, in which
Ronnie Williams was their supervisor. At least nine (9) of the twenty-two (22) Fairview
PD officers were employed by Apex Security. The Fairview Policy & Procedures require
police officers to obtain a secondary employment authorization. Full-time police officers
may provide security outside the jurisdiction of Fairview, but auxiliary officers are
forbidden from working anywhere outside of Fairview in a security capacity without
having an armed security guard license. They were also prohibited from wearing the
Fah-view Police uniform outside of the jurisdiction ofFaimew.

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20. Auxiliary officers are provided identification only as auxiliary officers. They are not
P.O.S.T. certified. It is unlawful for auxiliary officers to represent themselves as being
full-time police officers. Nashville Chief of Police Steve Anderson complained that his
officers could only determine whether a security guard was full time or auxiliary by the
credentials that he carried.
21. As an auxiliary officer, Romiie Williams and Billy Gross both worked outside of
Fairview jurisdiction in various locations for Apex while wearing the Fairview Police
Department uniform, in violation of policy. Williams and Gross carried false credentials
representing themselves to have been full-time officers.
22. Fairview police officers are required to submit a request for secondary employment to the
Chief and to the City Manager for approval prior to working secondary employment.
Both must sign off on the secondary application form.
a. Defendant Wayne Hall, the City Manager, has admitted that he was mislead by
these officers about the secondary employment applications. Despite this,
Williams was never disciplined or investigated.
23. Detective Ronnie Williams was arrested on Febmary 1, 2016 during a prostitution sting
in Nashville, after his first day on the job as a full-time police officer. The story was
widely disseminated by the media.
24. The Defendant Chief Harris permitted both Romiie Williams and Billy Gross to represent
for months themselves as a full-time Fairview police officers, knowing this to be false.
In return, Williams employed Harris to work for APEX, as his subordinate.
25. Lieutenant Stockdale was the Public Information Officer for the Fairview PD. On
February 3, 2016, Channel 4 news contacted Plaintiff Stockdale for comment on the

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arrest of Williams in Nashville for soliciting a prostitute. Lt. Stockdale responded with a
prepared statement. While Lt. Stockdale was providing the Department's statement by
phone, Asst. Chief Mark Sutton entered Stockdale's office and gestured to him to cut off
or end the phone call.
26. Sutton sat in Stockdale's office and made three phone calls in Stockdale's presence. The
first was to Defendant Terry Harris, the Chief of Police. The second call was to the City
Manager, Wayne Hall. The third was to Billy Gross, a mere auxiliary police officer.
Sutton told Gross, "the cat is out of the bag." He then said, "you have to do what you
have to do," and hung up the phone.
27. Lt. Stockdale asked Mark Sutton why he contacted Billy Gross, an auxiliary officer. The
question enraged Sutton. Sutton yelled at Stockdale to "get on board or find another
job," and that "Billy Gross would remain a part of the department." Stockdale stated that
he must disclose this to the City Manager and to the TBI.
28. Mark Sutton then "got in Lt. Stockdale's face" while standing in the door of Stockdale's
office to prevent him from reporting the situation to the City. Employees had to
physically push Sutton out of the way so that Stockdale could leave. Mark Sutton then
went into Lt. Dunning's office and began to argue with him after Dunning agreed with
Stockdale that Fairview PD needed to sever ties with APEX and Uniform Protective
Services due to the conflict of interest and impropriety of the arrangement. Sutton
appeared to employees as nearly getting into a fist-fight with Lt. Stockdale.
29. Chief Harris and Assistant Chief Sutton were both suspended by the City Manager,
Defendant Wayne Hall, on February 5, 2016, purportedly to allow Fairview to investigate
any wrongdoing. No investigation was ever conducted.

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30. Billy Gross resigned on February 5, 2016 for "personal reasons." Gross has never been
interviewed or questioned about his involvement in the APEX scandal.
31. Lt. Dunning found that Romiie Williams had avoided a proper investigation prior to his
employment. Williams' background check was eight years old, and had not been updated

prior to being hired as an auxiliary officer. Williams' had a criminal history and had
been arrested, but this information was not in the background summary report Williams

had submitted with his application.

32. Sgt. Rormie Conner is in charge of the auxiliary officers. Lt. Stockdale learned that Sgt.
Ronnie Connor had back-dated secondary employment authorizations for the Fairview
officers who worked for APEX Security. Sgt. Connor gave the following written
confession to Lt. Stockdale:

"On 2/5/2016 I was asked by Chief Terry Harris to fill out new secondary
employment forms for the officer for this year 2016. I asked Chief Harris what
date do I put on the form and he advised me to date the forms for 1/1/2016. I also
filled out a fomi for Chief Harris for last year.
I knew it was wrong, but I was following orders from Chief Harris.
[signed] Ronald Connor."
33. Because Chief Harris was suspended and the chain of command impaired, Lt. Stockdale
directly reported Sgt. Connor's conduct to the City Manager. The City Manager placed
Sgt. Connor on suspension so that the allegations could be investigated either internally
or by the District Attorney.
34. On Feb. 9, 2016, Sgt. Connor signed a statement which reads:
"February 9, 2016
On this date, Sgt. Ronnie Connor has been suspended after stating that he falsified
government documents relating to secondary employment at The Fairview Police
Department. Connor admitted it was wrong but said he acted on orders from
Chief Harris.

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Sgt. Ronnie Connor acknowledges receipt and that he is suspended.

[signed] Ronald Connor

[signed] Lt. Pat StocMale."
35. Lt. Stockdale and Lt. Dunning reported the conduct regarding APEX to the FBI.
The Secret Meetings of the Fairvie-w Board of Commissioners.
36. On February 29, 2016, the Board of Commissioners held a secret meeting. To this extent
this was a "special meeting" it also violated in violation of the Open Meetings Act and
Section 6-20-208 of the City Charter. The public was never given notice of the meeting
along with the topic of the meeting. Plaintiffs' counsel has been informed by the City
Manager that no minutes were taken, also in violation of Tennessee law.
37. The Board failed and refused to comply with the City Charter. At the meeting of
February 29, Defendant Commissioner Cmtcher asked for an "executive session." The
Board met without the City Attorney for over four (4) hours, and deliberated personnel
matters which are beyond the authority of the Board under the City Charter.
a. Upon the motion of Defendant Toney Sutton, the Board voted to rescind the
Notice of Termination of his son, Asst. Chief. Mark Sutton, and place him on
administrative leave with pay, including benefits;
b. The Board directed that Chief Terry Harris be reinstated as Chief of Police, even
though this was the responsibility of the City Manager.
38. The Board of Commissioners then called Terry Harris and informed him of their illegal
plans. He stated, in words or substance, that he would not return to Fairview PD unless
the whistleblower Plaintiffs were placed on administrative leave. The Board acquiesced
to this demand and directed that the Plaintiffs be placed on administrative leave. The

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Plaintiffs were placed on administrative leave, but were given no notice of any charges
against them, no hearing, and no other opportunity to be heard.
39. On IVtarch 1, 2016, Chief Harris's suspension was rescinded and he came out of
retirement. City Manager Wayne Hall placed a letter in Harris's personnel file, dated
February 29, 2016, the date of the secret meeting, which stated:
"To Whom It IVIay Concern:

The City of Fairview has completed their investigation into the alleged
wrongdoing of Police Chief Terry Harris. The City has concluded that Chief
Harris did not commit any wrongdoing and, therefore, it is the position oftfae City
of Fairview that, if he so chooses, he may rescind his retirement and return to his
previous position. Chief Terry Harris is no longer the subject of an investigation.
Sincerely,

[signed] Wayne Hall

Wayne Hall
City ofFairview City Manager."
40. The Defendant Wayne Hall has acknowledged that Terry Harris was never investigated.
In exchange for coming back to Fairview, Terry Harris requested that the Board of
Commissioners give him a letter stating that, if he came back, that he would not be held
responsible for what had happened with the APEX scandal. This meretricious deal had
been struck in the secret meeting of February 29, 2016, and was implemented by the
Defendant Hall on March 1, 2016.
41. Despite having admitted to back-dating official documents, Ronnie Connor was taken off
suspension, without further investigation.
42. On March 1, 2016, Plaintiffs Stockdale and Dunning were placed on Administrative
Leave. As the Plaintiffs exited City Hall, Defendant Wayne Hall stated to Lt. Dunning

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and Lt. Stockdale, "I didn't have anything to do with this," even though this is his
responsibility as City Manager.
43. Three days later, on March 4, 2016 Defendant Hall sent a letter to Asst. Chief Sutton

stating that his Notice of Intended Dismissal was being rescinded pending the Williamson
County Sheriffs Office investigation. The Notice reads:

NOTICE OF INTENDED DISMISSAL

WITHDRAWAL OF CHARGES

TO: MARK SUTTON, ASSISTANT POLICE CHIEF, CITY OF FAIRVIEW, TN

CERTIFIED MAIL RECEIPT NO. 7013-1090-0001-4355-1417
Due to and as a direct result of the impending investigation of the City of Fairview, Tennessee
operations to be conducted by the Williamson County Sheriffs Department, the "Notice of Intended
Dismissal" delivered to you by Certified Mail on- February 22, 2016, Certified Mail Receipt No.
7013-1090 -0001 - 4355 -1417 are hereby withdrawn as of the date of this Notice. The Notice of
Intended Dismissal is withdrawn without Prejudice to re-filing and may be filed against you again at
a later date upon completion of the above referenced investigation if necessary.

It is my decision as City Manager, that you will remain on Administrative Leave with Pay and
Benefits through the conduct of the Williamson County Sheriffs Department
Investigation of the City of Fairview and the time necessary to evaluate the investigation and take
whatever action is necessary relative to your position. Should this position change you will be
notified of any changes prior to the taking of any adverse action against you.

Fsignedl Wayne Hall _ Date: 3/4/16

City Manager
City ofFairview, Tennessee

44. Defendant Toney Sutton is a Commissioner on the Fairview Board of Commissioners.

He is also a Sergeant with the Williamson County Sheriffs Office. On or about April 2,
2016, the Plaintiffs learned that Defendant Toney Sutton stated that both Plaintiffs would
be terminated.

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45. On June 2, 2016, Defendant Sutton falsely stated during the Board of Commissioner's
meeting that he had no part in the investigation of the Plaintiffs. Based upon comments
he has made to numerous people, it may reasonably be inferred that Defendant Sutton has
sought to involve himself in the investigation, despite the inherent conflict of interest
with his employment at the Williamson County Sheriffs Office, as well as the fact that
his son. Mark Sutton, was purportedly a subject of the investigation.
46. In May 2016, Lt. Stockdale was interviewed by the media regarding the reasons he was
placed on administrative leave. During the interview, Stockdale stated truthfully that he
had been given no notice about the reasons he was placed on leave.
47. Numerous recordings of Defendant Hall have yielded the following contradictory
statements of the Defendants. These include:
a. Defendant Wayne Hall stated in a recording "Pat [Stockdale] has been cleared.
So as soon as we get the official word from the sheriff, he can come back."
b. Defendant Hall, referring to the secret Board meeting of Febmary 29, stated:

"They slipped up. They said that they voted on it. They voted to bring Terry
[Harris] back and to rescind Mark [Sutton]'s letter."
c. When asked who investigated Chief Harris, Hall stated "Nobody. He was

interviewed by the TBI when I told him that I was putting him on Administrative
Leave because of discrepancies in Rormie Williams' hiring." Hall was asked,
"How do you investigate anything and you don't talk to the suspect?" to which
Hall replied, "That's what I'd like to know, and I don't understand that either."
d. Hall confirmed that Defendant Terry Harris declined to return to the City unless
Lieutenants Dunning and Stockdale were placed on admmistrative leave.

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e. Hall has described the four (4) hour February 29, 2016 Board meeting as "illegal"
and a violation of the Open Meetings Act. Hall has acknowledged that the Board
forced him to take action and to rehire Terry Harris.
f. Hall also stated, "You never know who they [the Board] hire in the back rooms in
these illegal meetings that they want to have, which Shannon Crutcher is a big
proponent of..."

48. On May 12, 2016, in furtherance of the conspiracy. Defendant Wayne Hall informed both
Plaintiffs, in writing, that their "probationary periods" as Lieutenants was being extended
because of the "pending investigation." Plaintiffs were not on probation according to
policy, and accordingly, no probationary period could have been lawfully extended.
Defendant Shannon Crutcher 's Conflict of Interest.
49. On more than one occasion prior to the APEX scandal, Cmtcher contacted Lt. Stockdale
directly about criminal defendants that Crutcher represented as an attorney, asking
Stockdale about "his [Stockdale's] side of the case" and to provide information about the
cases. Crutcher, instead of seeking discovery through the District Attorney pursuant to
the Tennessee Rules of Criminal Procedure, contacted Lt. Stockdale. Lt. Stockdale
informed Cmtcher that he could not comment directly to him, and that Cmtcher needed
to request this information through the District Attorney. Lt. Stockdale submitted a
written complaint against Crutcher to the City Manager.
50. Crutoher nonetheless continued to attempt to exploit his political office to obtain nondiscoverable information directly from officers involved in criminal investigations.
Plaintiffs reported Crutoher to the Tennessee Board of Professional Responsibility. As
an attorney, Crutcher took criminal cases, including those involving prosecutions and

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investigations by the City of Fairview police department and cases m which the City
itself was a party. Plaintiffs, as police officers, made it known that they construed this to
be a conflict of interest because Cmtcher voted on the Fairview Police Department
budget, equipment purchases, retirement, insurance, and pay raises.

51. Following the complaints, Crutcher began retaliating against the Plaintiffs and used his
position as a Commissioner to exert undue influence on them.
52. For example, durmg one police investigation, the Plaintiffs seized an All-Terrain Vehicle
("ATV") or 4-wheeler that lacked a Vehicle Identification Number and was apparently
stolen.

53. Cmtcher approached Lt. Duiming, saying that he was acting on a "citizens complaint"
about the seized ATV in his capacity as a Commissioner.
54. Lt. Dunning informed Cmtcher that he could not inspect the ATV because it was
evidence in an ongoing criminal investigation. The TN Highway Patrol was coming to
investigate whether the VD4 could be discerned via forensic investigative methods.
55. Cmtcher then stated that he was there as the attorney for the person who filed the
complaint, rather than as a Commissioner. Lt. Dunning reported this to Assistant District
Attorney Carlin Hess while at the scene, who advised Dunning that Cmtcher needed to
file a motion for discovery.
56. Crutcher became enraged and left. He stated that he did not appreciate Lt. Dunning and
Lt. Stockdale "attacking him."
57. Shannon Crutcher later called yet another secret meeting and attempted to have Lt.
Dunning stripped of his gun and badge for being "mentally unfit."

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58. Commissioner Bissell informed Crutcher that the Board of Commissioners had no
authority to deal with City employee matters, and that they could not call a "special
meeting" for the same.

The City of Fairvie-w Allowed Fairview Officers to Threaten and Intimidate the Plaintiffs.
59. The Defendants engaged in a policy and practice of selective enforcement of disciplinary
procedures by failing to place other Fairview employees who were accused of crimes on
administrative leave.
60. Det. David Bohler began an online campaign of harassment and intimidation, directed at
the Plaintiffs and their families. Bohler, who refers to Lt. Stockdale as "Blue Falcon" and
Lt. Dunning as "Sidekick" and "Dynomutt" in his bizarre Facebook posts, posted
numerous threats to the whistleblower Plaintiffs:
a. Bohler posted pictures of the "Blue Falcon" in the crosshairs of a rifle scope.
b. On June 7, 2016, Bohler posted a screenshot from an accident that occurred on
October 2015, in which Lt. Shane Dunning was a passenger in a vehicle driven by
Assistant Chief Mark Sutton, which resulted in Lt. Dunning being seriously
injured and out of work for approximately three months. Bohler states, "you have
no idea what is coming your way or how fast it's traveling. When it hits, just
know that you were set up and ran over by .... Caw, caw!"

c. In another Facebook post, Bohler threatened Lt. Dunning's wife, stating, "all of
you went too far and screwed with the wrong city ... during the wrong cop's
watch." The picture shows a picture of the grieving "Sidekick" or "Dynomutt"
without his partner (Bohler's puerile reference to Lt. Dunning) with the caption
"I'm all alone! There's no one here beside me!" which was construed by Lt.

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Dunning's wife as a direct threat to her personal safety. Bohler posts, "Better
keep Dynomutt company until then."
d. Bohler repeatedly posted the phrase "O.M.A.H.A.," which he later stated meant
"Official Misconduct Acting with intent to Harm Another." These threats of
Bohler's "intent to harm" were repeatedly directed at the Plaintiffs.
61. Most of Bohler's Facebook posts occurred while he was on duty. Even after numerous
complaints, the City refused to take any disciplinary action toward Bohler. The
Defendants, through a policy and practice of inaction, allowed Bohler to threaten and

retaliate against the Plaintiffs after they disclosed and reported the APEX scandal to the
FBI and news agencies. Despite the fact that threats to other employees are a Third
Group Offense under Article XII, Section C, of the City of Fairview Personnel Rules &
Regulations Disciplinary Guidelines, in which a "first occurrence normally warrants
dismissal," Bohler has never been reprimanded.
62. Between IVtarch 2016 and July 2016, Bohler initiated an unsanctioned "investigation"
into the Plamtiffs, interviewing other officers and obtaining statements to be used against
the Plaintiffs for purported policy violations and illegal conduct. Bohler's unsanctioned
investigation is a violation of the Fairview Police Policy and Procedures Manual, but he
has never been disciplined.
63. On July 20, 2016, the City of Fairview released a nineteen (19) page "Investigative
Report" which found no criminal activity on the part of Lieutenants Dunning and

Stockdale. On Page 11 of the Investigative Report specifically states that Assistant Chief
Sutton, the son of Commissioner Sutton, was not interviewed during the Sheriffs
investigation.

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64. The Investigative Report excludes information about the employees who were providing
the Sheriffs Office information about Lt. Dunning and Lt. Stockdale.
65. To date, the Plaintiffs have never been provided any explanation about the extension of
the probation period, or notice of charges against them, or an opportunity to be heard by a
hearing or otherwise, or the reasons they were placed on administrative leave.
66. Lt. Stockdale was questioned at the Sheriffs office in May 2016. He was never given
Miranda warnings or Garrity warnings. Lt. Dunning was likewise questioned at the
Sheriffs office in June 2016. He, too, was never given Miranda warnings or Garril
warnings. Neither Plaintiff has ever been provided with a notice of the charges against
them, if any ever existed. The "criminal investigation" was a witch-hunt, a complete
sham, and a tool to harass and intimidate the Plaintiffs.
67. Lt. Stockdale was never questioned about most of the subjects in the Williamson County
Sheriffs Report "investigation." He was only asked whether he wanted to press criminal
charges against Asst. Chief Mark Sutton, which he declined to do.
68. Chief Harris was never investigated prior to his return to the City ofFairview.
69. Roanie Williams and Billy Gross were never questioned or investigated by the

Williamson County Sheriffs Office.

70. Plaintiffs offices at Fairview PD have been reassigned to other officers. Although the
City of Fairview has more new vehicles than they have police officers, the Plaintiffs'
patrol cars have likewise been reassigned to other officers. The Plaintiffs have been
deprived of information regarding their benefits packages, and have been deprived of
their in-service training. This arbitrary conduct threatens their POST certification.

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71. At the June 2, 2016 meeting, a proposal to amend the budget to eliminate the Plaintiffs'
positions was moved to the table because of the presence of counsel for the Plaintiffs.

72. On July 7, 2016, after receiving the advice of the City Attorney that the Plaintiffs were
entitled to due process notice and a hearing prior to any termination. Commissioner
Crutcher recommended that the Board of Commissioners take action on July 21, 2016 to
suspend the City's Policy and Procedures manual m order to terminate the Plaintiffs, ex
post facto.

COUNT I: DEPMVATION OF DUE PROCESS

42 U.S.C. 1983
73. The Defendants acted under color of state law in carrying out their unlawful actions.
74. Plaintiffs, as P.O.S.T. commissioned police officers, have a constitutionally protected
property interest in their employment created by virtue ofT.C.A. 38-8-301 etseq., as
well as by the Fairview Police Policy & Procedures Manual, which guarantees the
procedures afforded by T.C.A. 38-8-304, requiring both notice in writing of all charges,
together with an opportunity to respond to the charges.
75. Plaintiffs also have a constitutionally protected liberty interest in their professional
reputations, which have been damaged by the Defendants' false claims and accusations
against them. Plaintiffs were therefore entitled to a hearing due to the stigmatizing effect

of being placed on administrative leave, being publicly criticized by the Board of

Commissioners, and having materials placed in their personnel files, all of which prevent
Plaintiffs from seeking similar alternative employment in other police departments.
76. Plaintiffs are required to be provided with notice and an opportunity to be heard prior to
any adverse job action being taken against them.

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77. The Defendants knew or should have known that the Plaintiffs rights to due process were
clearly established.

COUNT II: VIOLATION OF PLAINTIFFS' RIGHT

TO FREEDOM OF SPEECH
42 U.S.C. 1983
78. The Defendants engaged in wrongful disciplinary action prompted by Plaintiffs' exercise
of first amendment rights, and have impaired the Plaintiffs' right to address

79. Plaintiffs had an unqualified and clearly established First Amendment right to speak out
on matters of public concern, which right was exercised by exposing the APEX scandal
to the FBI and the media.
80. The Defendants knew or should have known that the Plaintiffs' First Amendment rights
were clearly established.
81. Plaintiffs exercised their First Amendment right by disclosing numerous instances of
public corruption that were taking place in the Fairview Police Department, namely the
APEX scandal, the back-dating of government documents in violation of the Tennessee
Code.

82. The Defendants violated, and conspired to violate, the Plaintiffs' First Amendment rights,
in retaliation for exercising their right to speak out on matters of public concern.
83. The First Amendment protected activity was the substantial or motivating factor for the
wrongful disciplinary action taken against Plaintiffs. The Defendants have sought to
illegally discipline Plaintiffs pursuant to a non-existent "No Recording Policy," and, on
July 7, 2016, have gone so far as to recommend suspending the City ofFairview Policy &
Procedures Manual. Should the Defendants follow through with their threat of

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suspending these procedures, it will constitute yet another violation of Plaintiffs'

constitutionally protected rights.

COUNT III: VIOLATION OF PLAINTIFFS' RIGHTS

TO EQUAL PROTECTION UNDER THE LAW

42 U.S.C. 1983

84. The Plaintiffs have a right to be free from discrimination in public employment under the
Equal Protection clause of the Fourteenth Amendment.
85. Plaintiffs are members of an identifiable group of persons, namely Lieutenants for the
police department who insisted on following the laws of Tennessee and the regulations

and policies of the City ofFairview.

86. Because all full-time Fairview Police Officers are required to follow the laws of
Tennessee, the City of Fairview Policies and Procedures, and POST commission
requirements. Plaintiffs are similarly situated to their fellow police officers in all relevant
aspects.

87. The Defendants, acting under color of state law, have engaged in a pattern and practice of
arbitrary, capricious, illegal, and disparate treatment of the Plaintiffs, in violation of their
right to equal protection under the law, which right is secured by the Fourteenth
Amendment of the U.S. Constitution.
88. The Defendants intentionally treated Plaintiffs differently and less favorably than other
public employees similarly situated, without any rational basis to do so, and have
therefore been discriminated against, in violation of the Equal Protection clause of the
Fourteenth Amendment.

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COUNT IV: CONSPIRACY TO DEPRIVE PLAINTIFFS

OF THEIR CONSTITUTIONAL RIGHTS
42 U.S.C. 1983
89. The Defendants, acting under color of state law, unlawfully conspired and deprived
Plaintiffs of their constitutionally protected rights to due process and freedom of speech,
which illegal actions were taken with forethought and knowledge that the commission of
such deprivations were illegal, and which illegal actions were therefore made knowingly
and with intent to deny the Plaintiffs of their rights secured by the U.S. Constitution.
90. In furtherance of their conspiracy to deprive the Plaintiffs of their constitutional rights,
the Defendants have committed the following overt acts:
a. Holding secret meetings in violation of the Tennessee Open Meetings Law, or
"Sunshine Law," and conspiring to terminate the Plaintiffs;

b. Altering the Fairview City Budget to eliminate the Plaintiffs' positions,

c. Spreading false allegations of criminal wrongdoing by the Plaintiffs;
d. Initiating a criminal investigation against Plaintiffs without probable cause to do
so;
e. Failing and refusing to discipline other Fairview employees who have repeatedly

threatened Plaintiffs, including their families, publicly over social media;

f. Failing and refusing to place other Fairview officers, who are being investigated
for crimes, on administrative leave pending the investigation;
g. Threatening Plaintiffs with termination for violating a non-existent "no recording
policy";

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h. Threatening to suspend the City's Policy and Procedures Manual in order to

deprive Plaintiffs of their statutorily and constitutionally-protected rights to due

process;

91. On February 29, 2016, Defendants Hall, Sutton, Carroll, Crutcher, Bissell, and Johnson,
acting on behalf of the Defendant City of Fairview, met in secret, in violation of the
Sunshine Law and 6-20-206 of the Fairview City Charter, and conspired and agreed to
place Plaintiffs on administrative leave, while rescinding the suspension of Defendant
Terry Harris as well as rescinding the Notice of Termination previously sent to Defendant
Sutton's son. Assistant Chief Mark Sutton, and placing him on administrative leave with
pay and benefits.
92. The Defendants, each of them acting in concert, agreed to take action against the

Plaintiffs in retaliation for Plaintiffs exercising their First Amendment right to speak out
on matters of public concern.

93. The Defendants, each of them acting in concert, conspired and agreed to deprive
Plaintiffs of their constitutionally protected due process rights, guaranteed by the First,
Fifth, and Fourteenth Amendments to the United States Constitution.

COUNTY: VIOLATION OF
THE PUBLIC EMPLOYEE PROTECTION ACT
AND COMMON LAW RETALIATION
94. The Plaintiffs are public employees of the City ofFairview, Tennessee.

95. The Plaintiffs refused to participate in, or remain silent about illegal activities taking
place within the City of Fairview Police Department, namely the APEX scandal.

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Plaintiffs reported the scandal to the City IVtanager, Wayne Hall, agents of the FBI and
the news media.

96. The Defendant employer took adverse actions against the Plaintiffs by placing them on
Administrative Leave for such a great length of time that they do not meet the
requirements to maintain their POST commission. Additionally, the Defendant employer

stripped Plaintiffs of the benefits of their job, including reassigning their offices to other
officers, reassigning their patrol cars to other officers, and banning them from City
property.
97. The Plaintiffs' refusal to remain silent about, or to participate in, the illegal activities is
the sole and ultimate reason that the Defendants have retaliated against Plaintiffs and
taken numerous adverse employment actions against them.

98. Because the Defendants have threatened and continue to threaten termination, it will
constitute common law retaliation should that occur.

COUNT VI: OFFICIAL OPPRESSION

VIOLATION OF T.C.A. 39-16-403
99. The Defendants are public servants acting under color of office, and purported to act in
their official capacity. The Defendants likewise took advantage of their actual or
purported official capacity in carrying out their unlawful and retaliatory actions against

the Plaintiffs.
100. The Defendants intentionally subjected the Plaintiffs to mistreatment, and did so
knowing that their conduct was and is unlawful.
101. The Defendants owed the Plaintiffs a duty of care to act lawfully and obey
Tennessee law, including T.C.A. 39-16-403. The Defendants engaged in wrongful

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conduct falling below the standard of care and therefore breached the duty they owed to

Plaintiffs, resulting in an injury to Plaintiffs.

102. The Defendants' violation of the criminal statute, T.C.A. 39-16-403, constitutes
a civil action for a. per se tort and the violation was the cause in fact and proximate cause

of the injury to Plaintiffs.

103. Pursuant to Tennessee law, the Defendants' violation of T.C.A. 39-16-403, a
criminal statute prohibiting official oppression, therefore constitutes negligence per se.

COUNT VII: DEFAMATION

& FALSE LIGHT INVASION OF PRIVACY
104. Since March 2016, Defendant Toney Sutton has repeatedly stated to Fairview
police officers and citizens of Fairview that Lt. Stockdale has committed numerous
crunes.

105. Defendants Carroll and Crutcher have likewise published false and defamatory
statements about Plaintiffs "crimes" and "numerous policy violations," during Board
meetings, on social media, and in comments to the press. Because the Sheriffs
Investigative Report had not yet been released, and an internal investigation that had been

initiated prior to the criminal investigation had not yielded any information about policy
violations by the Plaintiffs, the Defendants knew were false at the time the statements
were made.

106. The import of the Defendant's defamatory statement was to portray the Plaintiffs
as crooked cops who have engaged in illegal acts, which exposed and continues to expose
the Plaintiffs to public hatred, contempt, ridicule and disgrace.

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107. Defendants Sutton, Carroll and Crutcher knew that the statements were false at
the time they were made. In the alternative, the Defendants published the statements with
reckless disregard for the truth of the statements.
108. Because the Defendants' false allegations were published on social media, news
reports, and were recorded on YouTube videos, they constitute libel.

COUNT VIII: DEFAMATION BY IMPLICATION

109. Because the Defendants omitted facts, which, if properly presented would not
have created a negative impression of the Plaintiffs, the Defendants are guilty of
defamation by implication or innuendo.

COUNT IX: FALSE LIGHT

110. The Defendants' false accusations placed the Plaintiffs before the public in a false

light. The false light in which the Plaintiffs were placed would be highly offensive to a
reasonable person. The Defendants had actual knowledge of or acted in reckless

disregard to the falsify of the published matter and the false light in which the Plaintiffs
would be placed.

COUNT X: SLANDER
111. Since the Plaintiffs have been on administrative leave, the Defendants have
likewise verbally uttered the false allegations to citizens of Fairview and numerous
Fairview employees, which statements also constrtute slander.

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WHEREFORE, Plaintiffs demand:

1. That process be issued and the Defendants to answer within the time required by law;
2. That the Court upon final hearing declare and find that the actions and policy of the
Defendants have violated the procedural and substantive due process rights of the
Plaintiffs, which rights are guaranteed by First, Fifth, and Fourteenth Amendment to the
U.S. Constitution.

3. That the Court upon final hearing declare and find that the actions and policy of the
Defendants have violated Plaintiffs' rights to free speech, which rights are guaranteed by
the First Amendment to the U.S. Constitution.
4. That the Court upon final hearing declare that the Defendants are liable for defamation,
defamation by implication, false light, and slander.
5. That the Court upon final hearing declare that the Defendants are liable for violating the
Public Employee Protection Program.
6. That the Court upon final hearing declare that the Defendants are liable under the
doctrine of negligence per se for their violation ofT.C.A. 39-16-403.
7. That the Court issue a permanent injunction enjoining the Defendants from further

deprivation of the constitutional rights of the Plaintiffs.

8. The Plaintiffs be awarded such damages as will fully compensate Plaintiffs for all injury
caused by the Defendants actions and failure to act as alleged herein;
9. That Plaintiffs be awarded attorney's fees, expenses, and costs as authorized under 42

USC 1988.
10. As to the Defendants acting in their individual capacities, Plaintiffs demand an award of
punitive damages in an amount to be determined at trial.

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11. That Plaintiffs be awarded such additional and general relief to which they may be
entitled, at law or in equity.
Plaintiffs demand a trial by jury for all issues so triable.

Respectfully Submitted,
THE BLACKBURN FIRM, PLLC

y. Gary Blackburn (#3484)

BryantKroll (#33394)
213 Fifth Avenue N., Suite 300
Nashville, TN 37219
Telephone: (615)254-7770
Facsimile: (866) 895-7171
gblackburn@wgaryblackburn.com
bkroll@wgaryblackbum. corn

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