Glynn County Discrimination Lawsuit
Glynn County Discrimination Lawsuit
Defendants.
COMPLAINT
VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., as well
Glynn County, working through the Glynn County Commissioners and County
and Angela Smith (a Black female) by refusing to even interview them for the
position of Chief of Police for the Glynn County Police Department. Defendants
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simply decided that, given the political environment on the ground, they would
only hire a Black male for the position and would not meaningfully consider
While Plaintiffs recognize that there were political realities on the ground in
Brunswick after the killing of Ahmaud Arbery, and while Plaintiffs surely favor
race/color and gender and refuse to even consider qualified applicants of different
1. Plaintiff Mario Morales is a natural person and citizen of the United States
“County”) is a body politic and corporate in law, acting under color of law,
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and is subject to the jurisdiction of this Court. The County may be served
with this complaint by personal service upon Defendant David O’Quinn, the
Brunswick, GA 31520.
under color of law. The Glynn County Commissioners were responsible for
and had final policymaking authority over hiring for the position of Chief of
of the Court and may be served by personal service at his place of business
6. Defendant Cap Fendig is an individual who was, at all times relevant to the
color of law. The Glynn County Commissioners were responsible for and
had final policymaking authority over hiring for the position of Chief of
the Court and may be served by personal service at his place of business
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7. Defendant Wayne Neal is an individual who was, at all times relevant to the
color of law. The Glynn County Commissioners were responsible for and
had final policymaking authority over hiring for the position of Chief of
Court and may be served by personal service at his place of business located
8. Defendant Bill Brunson is an individual who was, at all times relevant to the
color of law. The Glynn County Commissioners were responsible for and
had final policymaking authority over hiring for the position of Chief of
the Court and may be served by personal service at his place of business
under color of law. The Glynn County Commissioners were responsible for
and had final policymaking authority over hiring for the position of Chief of
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the Court and may be served by personal service at his place of business
under color of law. The Glynn County Commissioners were responsible for
and had final policymaking authority over hiring for the position of Chief of
the Court and may be served by personal service at his place of business
under color of law. The Glynn County Commissioners were responsible for
and had final policymaking authority over hiring for the position of Chief of
the Court and may be served by personal service at his place of business
12.Defendant Alan Ours is an individual who was, at all times relevant to the
allegations in this complaint, the Glynn County Manager, acting under color
of law. The Glynn County Manager was involved in and was responsible
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for and had final policymaking authority over hiring for the position of Chief
Dahlonega, GA 30533.
13.This action is brought pursuant to Title VII of the Civil Rights Act of 1964,
14.All the parties herein are subject to the personal jurisdiction of this Court.
2.1(a), SDGa because a Defendant resides within the district and divisional
Facts
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the final decision regarding the hiring for the position of Glynn County
20.On or about February 28, 2020, then-Glynn County Chief of Police John
Powell and three officers were indicted on charges that they ignored an
21.Powell was replaced as Glynn County Chief of Police by Jay Wiggins, who
22.On January 21, 2021, after Wiggins announced his retirement, a BOC
meeting was held, and the members discussed the selection of a new Chief
of Police.
23.During this meeting, Defendant Booker made the statement that to “choose
24.Defendant Booker believed and communicated that the County should only
25.The BOC and Defendant Ours involved the Georgia Association of Chiefs of
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26.In February of 2021, the three Plaintiffs submitted applications for the
2021.
27.On or about February 17, 2021, Plaintiff Marissa Tindale applied for the
28.Plaintiff Marissa Tindale provided her race/color and gender during the
29.Plaintiff Tindale has impeccable credentials and was well-qualified for the
Chief of Police position. Plaintiff Tindale was a former Captain with the
Glynn County Police Department and was in the top 3 to be considered for
30. On or about February 22, 2021, Plaintiff Angela Smith applied for the
31.Plaintiff Angela Smith provided her race/color and gender during the
32.Plaintiff Smith has impeccable credentials and was well-qualified for the
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33.On or about February 25, 2021, Plaintiff Mario Morales applied for the
34.Plaintiff Morales provided his race/color and gender during the application.
35.Plaintiff Morales has impeccable credentials and was well-qualified for the
the Federal Protective Service (the uniformed security police division of the
37.Despite having ample qualified applicants, the BOC met on March 5, 2021,
38.On information and belief, this extension occurred to recruit more Black
41.Jacques Battiste, a Black male, was selected for the Chief of Police position
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42.Battiste did not submit his application until the extended application period.
43.Defendants Walter Rafolski and Sammy Tostensen, who are Glynn County
Commissioners, have stated that they were being forced to hire a Black
police chief.
44.Plaintiffs were at least as qualified for the position, if not more qualified,
than Battiste was. Plaintiffs were Peace Officer Standards and Training
(POST) qualified, while Battiste was not. In fact, Battiste’s swearing in was
such certification.
COUNT I
(Race/Color and Gender Discrimination in Violation of Title VII)
(Against Glynn County)
45.Prior to filing this lawsuit, Plaintiffs filed a charge of discrimination with the
46.On December 9, 2021, Marissa Tindale and Angela Smith received the
47.On December 15, 2021, Mario Morales received the same notice.
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48.All other conditions precedent to the institution of this lawsuit have been
fulfilled.
49.In 2020 and 2021, the County was engaged in an industry affecting
commerce and had more than fifteen employees for each working day in
50.In 2020 and 2021, the County had more than fifteen employees every
working day.
gender.
52.When hiring for the position of Chief of Police, the BOC and County
Manager, acting on behalf of the County, decided that they would only
meaningfully consider Black males for the role and that they would only hire
a Black male. As such, they discriminated against all three Plaintiffs who
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considered for Chief of Police and was not interviewed because he is not
Black.
54.Plaintiff Morales therefore brings a Title VII claim of race and/or color
discrimination.
considered for Chief of Police and was not interviewed because she is
56.Plaintiff Tindale therefore brings a Title VII claim of race and/or color
57.Plaintiff Angela Smith, a Black female, was not meaningfully considered for
Chief of Police and was not interviewed because she is not male.
discipline, and/or otherwise penalize the conduct, acts, and failure to act of
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60.The County failed to comply with its statutory duty to take all reasonable
conduct.
COUNT II
(Race/Color and Gender Discrimination in Violation of Equal Protection)
(Against all Defendants)
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and/or gender.
65.When hiring for the position of Chief of Police, Defendants decided that
they would only meaningfully consider Black males for the role and that
they would only hire a Black male. As such, they discriminated against all
considered for Chief of Police and was not interviewed because he is not
Black.
color discrimination.
considered for Chief of Police and was not interviewed because she is
70.Plaintiff Angela Smith, a Black female, was not meaningfully considered for
Chief of Police and was not interviewed because she is not male.
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discrimination.
72.At the time of the events alleged herein, the law was well-settled that under
73.At the time that the Defendants decided not to meaningfully consider or
even interview Plaintiffs because of race/color and gender, each knew that
conduct.
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76.The individual defendants – members of the BOC and the County Manager
punitive damages.
WHEREFORE, Plaintiff prays that this Court issue the following relief:
4) That the Court award injunctive relief, including but not limited to
5) That the Court award costs of this action, including attorneys’ fees, to
Plaintiffs, pursuant to 42 U.S.C. § 1988, Title VII of the Civil Rights Act
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6) That the Court award Plaintiffs such other and further relief as it deems
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