School board members, employee, reporter are seeking damages
Escambia County (Ala.) School Board Members Sherry Digmon and Cindy Jackson, along with Atmore News reporter Don Fletcher and school system employee and payroll supervisor Ashley Fore filed a lawsuit last Friday in federal court accusing District Attorney Steve Billy, Sheriff Heath Jackson and four deputy sheriffs of violating their constitutional rights.
The four are seeking compensatory and punitive damages in an amount in excess of $75,000 each, plus attorneys’ fees, “as well as any other costs and fees that are legal and equitable”.
Also named in the suit are deputies who were hired at the time by Sheriff Jackson that included Arthur Odom, Kevin Durden, Matthew Rabren and Steven Dereck Lowry.
Billy, Heath Jackson and Cindy Jackson refused to comment on the suit. Attempts to contact Fore were unsuccessful, but Fletcher said he was looking forward to testimony in the lawsuit.
“I’m thankful for the Institute for Justice and the support they’ve given us throughout this ordeal, even when the charges were dropped,” Fletcher said. “I’m excited that we now have a chance to put Mr. Billy, Sheriff Jackson and former school Superintendent Michele McClung on the witness stand and have them explain why we were arrested.”
Digmon, Jackson, Fore and Fletcher were arrested for revealing secret grand jury information. Digmon was also arrested and charged with an ethics violation. Once Billy recused himself from the case, all charges were dismissed.
The suit alleges the defendants not only violated plaintiffs First Amendment rights but the plaintiffs Fourth Amendment rights of illegally seizing cell phones and other property.
“A local political dispute over whether to retain a school superintendent ended with two school board members, the school's payroll supervisor and a local journalist in jail,” the suit begins. “None of them committed any crimes. But that didn’t stop Escambia County’s top law enforcement officials from abusing their offices to punish anyone they thought stood in the way of extending the superintendent’s contract.”
“District Attorney Stephen Billy and Escambia County Sheriff Heath Jackson both took an unusual personal interest in School Superintendent Michele McClung’s tenure,” the suit continued. “The two men decided that they were the law in Escambia County and opposing McClung was against the law. They openly threatened to retaliate against anyone who stood between them and four more years of McClung. And once the school board, which included plaintiffs Sherry Digmon and Cindy Jackson, decided not to renew McClung’s contract, DA Billy and Sheriff Jackson made good on their threats.”
“With the help of several board officials, DA Billy and Sheriff Jackson planned and carried out a convoluted conspiracy of retaliation. The conspirators seized Cindy’s and Sherry’s cell phones for a crime of talking to each other about McClung. And they seized the phone of plaintiff Ashley Fore without even bothering to get a warrant.”
The suit alleges that that the four were arrested for revealing secret grand jury information when no grand jury was in session.
“Plaintiffs were not bound by any secrecy laws, and they are not privy to any secrets,” the suit states. “In other words, it was all a sham.”
The suit notes that once Billy recused himself, claiming “both personal and professional conflicts,” the Alabama Attorney General’s Office took over the prosecution and “promptly dropped all the charges” but “The damage was already done”.
The suit alleges that Billy and Heath Jackson used their powers to have the plaintiffs arrested.
“Sheriff Jackson uses those powers to investigate plaintiffs, seize their phones and arrest them without any legitimate basis,” the suit reads.”
The suit alleges that Sheriff Jackson and Billy retaliated due to McClung’s contract not being renewed by the school board.
To see the lawsuit in its entirety visit tricityledger.com.
