BOCC, commissioners sued in federal court

Published: Thursday, April 25, 2013 at 10:03 AM.

McElroy began by asserting that the PAC had raised questions about the passing of a county nuisance and homeless shelter ordinance and again, the complaint notes, McElroy was provided additional speaking time by commissioners.

Yeager and Williams picked up the comments from there, with Yeager saying there were personal attacks against him and “threats to his family and others,” according to the complaint.

Williams said the PAC had bad intent and motives and “was out to destroy people.”

McLemore said if the PAC had problem it should come after him and leave family alone, alleging threats that had not been made, the complaint reads.

The lawsuit alleges the BOCC “choreographed” McElroy’s appearance and comments and “were motivated to retaliate for Garth’s exercise, on his own behalf and on behalf of the PAC, of First Amendment rights.”

The lawsuit details that in a matter unrelated to the BOCC meetings, the State Attorney began an investigation based on a complaint by Yeager. The lawsuit alleges the investigation was “initiated and conducted” in retaliation for Garth’s and the PAC’s legal and protected statements.

The final meeting detailed in the complaint concerns a BOCC meeting of Oct. 25, 2012.

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