Académique Documents
Professionnel Documents
Culture Documents
counsel, and makes this, his Complaint against named Defendants, and would show unto the Court
PARTIES
1. Plaintiff, Cooksey, is a resident citizen of Jackson County, Mississippi who may be contacted
2. Defendant City of Gautier, hereinafter Gautier, is a government entity organized under the
laws of the State of Mississippi who may be served with process through its City Manager at
3. Defendant Dante Elbin is a resident citizen of Jackson County who may be served with process
1
Case 1:16-cv-00448-HSO-JCG Document 8 Filed 09/01/17 Page 2 of 11
4. The misconduct complained of herein arose in Jackson County, Mississippi. Jurisdiction of the
parties and of the subject matter of this action are proper in this Court.
5. Venue is proper pursuant to Miss. Code Ann. 11-11-3 because substantial acts and omissions
which caused the injury occurred Jackson County, Mississippi, and because the action against
governmental entities must be commenced in the county where the entities are located.
6. This action is authorized by 42 U.S.C. 1983 and made pursuant to the 1st and 14th
FACTUAL ALLEGATIONS
8. Cooksey was an excellent employee and officer who was promoted to Captain of
9. While serving as Captain, Cooksey learned of criminal acts being committed within the
10. Cooksey, attempting to be diligent under the circumstances, approached Chief Elbin and
11. These crimes include fraud, embezzlement, tax evasion, and other crimes being committed
within the Citys police department. Chief Elbins response to Cookseys discussion was that
the he would be able to explain it away and that no one would question his reasons.
12. Cooksey complained about time sheet fraud, wherein the chief was aware that employees
were allowed to fabricate time cards, being paid for days and hours not worked, etc.
Employees admitted to the time card fraud, and no action was taken against the employees,
2
Case 1:16-cv-00448-HSO-JCG Document 8 Filed 09/01/17 Page 3 of 11
and the fraud continued, defrauding the City of Gautier and its taxpayers of money,
13. Cooksey also complained about Chief Elbins use of DUI grant monies for the payment of
employee wages not involved with DUI enforcement. As a result of Elbins refusal to cease
the fraudulent use of grant money, Cooksey refused to sign off on any further time sheets for
overtime which Elbin directed to be fraudulently paid from the grant money.
14. In addition, Cooksey complained of the Citys use of reserve funds to pay employees and
avoid the payment of taxes, constituting tax evasion and criminal violations of state law. The
City places monies received from special events into a reserve account, and improperly used
this account to pay employees without the deduction of any taxes, paid to either the state or
the federal government. These funds were not reported on any W2 or 1099 or any other City
tax document.
15. Cooksey also complained of employees improperly using city property and patrol cars for
private use, such as security guard work for private companies and individuals, which may
16. A number of city officers had transferred and left the department because of the criminal acts
17. During the summer of 2015, Cooksey was acting chief while Chief Elbin was on vacation.
18. While serving as acting chief, City Manager Samantha Abell met with Cooksey to discuss
19. At this meeting, Cooksey informed Abell of the crimes which he had reported to Chief Elbin.
Abell became irritated with Cooksey and accused Cooksey of lying about the accusations.
3
Case 1:16-cv-00448-HSO-JCG Document 8 Filed 09/01/17 Page 4 of 11
20. At Cookseys request, Abell did discuss Cookseys allegations with officers, conducting
approximately 15 interviews.
21. Officers who were interviewed confided in Cooksey that Abell did not seem interested in the
22. Abell presented a report to Chief Elbin stating that Cooksey was attempting to undermine the
information and belief Abell had discussed Cookseys allegations with Elbin outside of the
report.
23. Cooksey later met with Abell in private and communicated to her that it appeared she was
trying to cover up these matters for the chief, to which Abell responded that it would
24. Later that same day, Chief Elbin called Cooksey into a meeting and admonished Cooksey for
reporting the criminal matters to Abell. Cooksey was then stripped of his title and transferred
to the Patrol Division as the Captain of Patrol, a demotion which was much less desirable
25. Cooksey discussed his concerns with Jason Pugh in human resources, who informed
Cooksey that he was powerless to assist Cooksey. It was stated that the City would not allow
the chief to receive any bad publicity, especially where Abell had worked to appoint Elbin as
chief.
26. Cooksey was advised by Pugh, who was afraid for his own job, to keep quiet, and work
4
Case 1:16-cv-00448-HSO-JCG Document 8 Filed 09/01/17 Page 5 of 11
28. The chief refused to communicate with Cooksey as he had before Cooksey made the
29. In September of 2016 Cooksey was placed on leave and questioned by the new City Manager
Paula Yancey and City Attorney Josh Danos about Abells prior report regarding Cooksey.
30. Shortly after being questioned about the report which had surfaced, Cooksey was given the
31. Cooksey initially refused to resign because he desired to appeal the issues to the civil service
commission. Cookseys original offer of resignation did not include any waivers.
32. The City had concocted false, grossly misleading, and fabricated grounds for Cookseys
termination, saying that Cooksey had sexually harassed a male employee. While Cooksey
may have made an offhand comment about another employee, based upon the Citys
position, almost every officer who worked for the City was subject to termination.
33. The Citys stated grounds for Cookseys termination were wholly intended to prevent
Cooksey form desiring to appeal the matter, for fear of harm to his reputation.
34. Cooksey later learned that several officers were interviewed about Cooksey, and were
threatened with termination if they told anyone about the interview or if they spoke to
35. At some point, Cooksey learned of a position with the City of Moss Point, but was told by
City administrators that he could not make the transfer if he was terminated by the City.
36. Cooksey needed a job desperately, and agreed to withdraw his appeal and resign if the City
37. City administration then concocted a plan to ensure that Cooksey would waive his claims
against the City, and ensure he was unable to secure a job with the City of Moss Point.
5
Case 1:16-cv-00448-HSO-JCG Document 8 Filed 09/01/17 Page 6 of 11
38. The City brokered a deal with Moss Point, wherein Cooksey would be allowed to resign
and the City of Moss Point could hire him as a lateral transfer.
39. As a condition of the resignation, without any additional consideration, the City forced
Cooksey, under threat of coercion and duress, to sign a release of any claims he may have
40. Based upon the false and/or misleading representations that Cooksey would immediately be
hired by the City of Moss Point, Cooksey was coerced into signing a release.
41. Just days later Cooksey was set to be hired by the City of Moss Point, when questions were
42. Despite administrators being involved with the entire process and working with City of
Gautier City Manager Paula Yancey on the resignation of Cooksey, administrators elected to
not inform the Moss Point board of Cookseys status, and the matter was tabled, despite the
43. Cooksey was never hired by the City of Moss Point despite the deal brokered by city
administrators. Upon information and belief, this deal was never meant to take place, and
was wholly intended to falsely induce and coerce Cooksey into signing a release of his
44. The release itself is an improper censorship of Cookseys first amendment right to petition
the government. In addition, Cooksey received no consideration for his release, as he was
6
Case 1:16-cv-00448-HSO-JCG Document 8 Filed 09/01/17 Page 7 of 11
ALLEGATIONS OF LAW
45. All acts of Defendants were conducted under the color and pretenses of the ordinances,
policies, practices, customs, regulations, usages and/or statutes of the United States
46. Elbin, as Chief, was a final policy maker, capable of ratification for Defendants.
47. It is the policy, practice or custom of all Defendants to violate the procedural and substantive
48. It is the policy, practice or custom of all Defendants to engage in actions that are fundamentally
49. Defendants, by and through their actions and under the color of law, violated Plaintiffs
50. At all times relevant, the Plaintiffs constitutional rights, as alleged herein, were violated.
51. At all times relevant, the Plaintiffs constitutional rights, as alleged herein, were clearly
established.
52. Plaintiff has suffered injury to his constitutional and statutory rights.
53. As a result of Defendants conduct, Plaintiff has suffered humiliation, embarrassment, and loss
54. Alternatively, because of liability in effect for issues of this kind, and because it is the intent
of the Mississippi Legislature that the Defendants pay any claims for violation of a citizens
rights in damages under Mississippi Law, the doctrine of Monell v. Department of Social
Services, 475 U.S. 335 (U.S. 1986) should not apply to this cause, and the Defendants should
be held vicariously liable for its officials causing the civil liberty violations of Plaintiff.
7
Case 1:16-cv-00448-HSO-JCG Document 8 Filed 09/01/17 Page 8 of 11
55. Cooksey hereby adopts all previously stated paragraphs as though fully restated herein.
56. The Defendants retaliated against Cooksey for exercising his Constitutional Rights in making
57. The motivating reason for the Defendants retaliation against Cooksey are the complaints and
claims made by Cooksey, which are protected free speech and are matters of public concern.
58. The Defendants have no good faith basis for the retaliatory termination.
59. The criminal matters complained of by Cooksey are not within his duties and responsibilities
as a police officer with the City of Gautier because they relate to statutes and regulations which
would not be investigated or prosecuted by the City of Gautier or its police force.
60. Cooksey hereby adopts all previously stated paragraphs as though fully restated herein.
61. Cooksey was coerced and fraudulently induced into signing a release of any claims he may
63. In addition, the release is invalid as lacking consideration, and as being a product of fraud,
coercion, duress, material mistake, being unconscionable, and failing to constitute a meeting
of the minds.
8
Case 1:16-cv-00448-HSO-JCG Document 8 Filed 09/01/17 Page 9 of 11
64. Cooksey hereby adopts all previously stated paragraphs as though fully reinstated herein.
65. Cooksey brings this action on behalf of taxpayers for the City of Gautier and Jackson
County, and invites any other citizens to join suit against the Defendants for the recovery of
tax amounts misspent and misappropriated by the City and its administration.
66. The Defendants misspent, misappropriated, and unlawfully expended taxpayer funds in
violation of Mississippi and Federal law, and these funds must be repaid by the Defendants
and its administration to the taxpayers of the City of Gautier and Jackson County.
67. Cooksey hereby adopts all previously stated paragraphs as though fully reinstated herein.
68. On or about December 30, 2016 Cooksey served on the Defendants, via certified mail, the
attached Notice of Claim, made pursuant to the Mississippi Tort Claims Act. Exhibit A.
69. As alleged herein, Cooksey was ultimately terminated for reporting criminal acts and refusing
70. By terminating Cooksey for reporting and refusing to commit a criminal act, Defendants violated
DAMAGES
71. Cooksey hereby adopts all previously stated paragraphs as though fully restated herein.
72. The actions of the Defendants have caused substantial damage and injury to Cooksey.
73. Cooksey has suffered emotional distress, the loss of his good name and standing in the
community, and continues to suffer anxiety, worry, and stress as a direct and proximate result
9
Case 1:16-cv-00448-HSO-JCG Document 8 Filed 09/01/17 Page 10 of 11
2. Declare that Defendants actions, as herein described, violated Plaintiffs constitutional rights
under the First and Fourteenth Amendments to the United States Constitution;
3. Award appropriate equitable relief including but not limited to prospective injunctive relief,
4. Award Plaintiffs nominal and actual damages for Defendants violation of their constitutional
5. Award Plaintiff compensatory damages, including, but not limited to, those for past and future
humiliation, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary
losses;
7. Award Plaintiff his costs of litigation, including reasonable attorneys fees and expenses,
8. Grant such other relief to which Plaintiff may be entitled or as this Court deems necessary and
proper; and
9. Require the Defendants to repay the taxpayers for the City of Gautier and Jackson County for
JERRY COOKSEY
PLAINTIFF
10
Case 1:16-cv-00448-HSO-JCG Document 8 Filed 09/01/17 Page 11 of 11
HATTIESBURG, MS 39404
601-582-4553 (OFFICE)
601-582-4556 (FAX)
dwaide@jhrlaw.net
CERTIFICATE OF SERVICE
I, Daniel M. Waide, do hereby certify that I electronically filed the foregoing with the
Clerk of court using the CM/ECF system, which will send notification of such filing to all
counsel of record.
11