BOCC, commissioners sued in federal court

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

The result, the lawsuit alleges, was “retaliatory humiliation” for Garth and the PAC.

They allegations are that operating under the “color of state law” as elected officials, the BOCC, Williams, Yeager and McLemore took actions designed to retaliate and humiliate and infringe on the protected interests of Garth and the PAC.

The board and commissioners continued that infringement through the “false complaint” that led to the SAO investigation and later by contacting the SAO to have the investigation re-opened, the lawsuit alleges.

Yeager, Williams and McLemore, individually, further infringed on the First Amendment rights of Garth and the PAC, the lawsuit alleges, through actions and words at BOCC meetings and the false complaint to the SAO.

The lawsuit makes the same claim toward McElroy through a legal theory that McElroy possessed “animus” toward Garth and the PAC and was spurred by “recommendation” through the actions of the BOCC.

McElroy, the lawsuit alleges, acted in “bad faith and malicious purpose” and “deliberate indifference and/or reckless disregard” for the civil rights of the plaintiffs.

The lawsuit further alleges abuse of power by the BOCC and Williams, Yeager and McLemore for knowingly directing or causing the SAO investigation and for that investigation to be reopened, motivated by the private and illegal agenda of the board, individual commissioners or McElroy.

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