DOCUMENT 113

ELECTRONICALLY FILED
8/11/2016 1:44 PM
03-CV-2016-900538.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
TIFFANY B. MCCORD, CLERK

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA

SPENCER COLLIER,
Plaintiff
v.
ROBERT BENTLEY; et. al.

Defendants.

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03-CV-2016-900538

COLLIERS OBJECTION TO
DEFENDANT GOVERNOR BENTLEYS MOTION TO STAY
Plaintiff Spencer Collier objects to Defendant Bentleys Motion to Stay which appears to
be based solely on his claim that he is entitled to immunity. At the appropriate time, Collier will
submit the legal basis for why Bentley is not afforded immunity for his abuse of office in the
wrongful punishment of Collier. At this stage, whether Bentley is entitled to immunity is not
material. The issue is whether Bentley should be relieved of the slight inconvenience of
responding to Colliers discovery requests. (Exhibit A) which focus on public comments Bentley
made regarding Collier and on Defendant Masons involvement in the Governors
administration. In support of this objection, Collier shows to the Court as follows:
1. On February 17, 2016, Bentley placed Collier on medical leave from his position as
Secretary of ALEA. Bentley told an al.com reporter that he had met with Collier and
others in an attempt to get to the bottom of why his orders not to give an affidavit in
the Mike Hubbard case were not followed and to hear Collier's explanation of why he
had done what he did. Bentley said he did not find Collier's explanation acceptable
and further stated that "I don't accept the fact they did what I asked them not to do. So
I will be dealing with that." (Exhibit B)

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2. On March 22, 2016, Bentley terminated Collier and issued a Press Release (Exhibit
C) stating After placing Spencer on medical leave a few weeks ago to allow him to
recover from back surgery, Acting ALEA Secretary Stan Stabler identified several
areas of concern in the operations, policies and procedures at ALEA. After an internal
review, the ALEA Integrity Unit found a number of issues, including possible misuse
of state funds. I am disappointed to learn these facts, and today, I relieved Spencer
Collier of his duties as ALEA Secretary.
3. On April 19, 2016, in response to this lawsuit, Bentley issued a Press Release stating
Mr. Collier was terminated of his duties at ALEA for cause. Once the facts and
circumstances become public, I am confident that the justification for terminating him
will be shown. (Exhibit D)
4. The so-called investigation was started within a day or two of Bentley placing Collier
on medical leave without any probable cause to believe Collier had done misused
state funds.
5. Collier is entitled to know what Bentleys real motivation was for punishing Collier
and if it was based on the so-called investigation, what information was furnished to
Bentley and by whom especially since Bentley has publicly stated that he never saw
the results of the investigation. This information could lead to identifying other
people who need to be added as Defendants in this lawsuit.
6. Collier is also entitled from Bentleys version of what Masons role actually was in
the Governors administration.
7. Bentley is going to be a material witness in this lawsuit regardless of his claim of
immunity.

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Based on the above, Collier submits that his need for discovery far outweighs the
inconvenience Bentley.
/s/ Kenneth J. Mendelsohn
Kenneth J. Mendelsohn (MEN 001)
Attorney for Defendant

OF COUNSEL:
JEMISON & MENDELSOHN, P.C.
1772 Platt Place
Montgomery, Alabama 36117
(334) 213-2323 (Telephone)
(334) 213-5663 (Facsimile)
Email: kenny@jmfirm.com

CERTIFICATE OF SERVICE

I hereby certify that on this, the 11th day of August, 2016, a true and correct copy of the
foregoing pleading has been served via electronic filing and/or email on all parties of record.

/s/Kenneth J. Mendelsohn
OF COUNSEL

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EXHIBIT A

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA

SPENCER COLLIER,
Plaintiff
v.
ROBERT BENTLEY; et. al.

Defendants.

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03-CV-2016-900538

PLAINTIFFS FIRST DISCOVERY REQUESTS TO DEFENDANT BENTLEY

Pursuant to Rules 33 and 34 of the Alabama Rules of Civil Procedure, Plaintiff requests
that Defendant Bentley respond to the following Interrogatories and Requests for Production
within the time required by law:
INTERROGATORIES
1. State your full name.
2. At any time from January 1, 2014, through March 30, 2016, was Rebekah Mason a State
employee?
3. What were Rebekah Masons job duties as your Senior Political Advisor?
4. Who hired Rebekah Mason to be your Senior Political Advisor?
5. Who paid Rebekah Mason to be your Senior Political Advisor?
6. How many hours a week did Rebekah Mason work as your Senior Political Advisor?

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7. Did you provide a letter or certificate of appointment to Rebekah Mason for the position
of Senior Political Advisor to Governor Bentley or any other position with the Governors
Office?
8. Identify every person who supervised Rebekah Mason in her role as Senior Political
Advisor.
9. Identify any persons, firms, corporations, or other entities who were the employers,
masters, or principals of Defendant Mason from January 1, 2010 through March 30, 2016.
10. Since March 30, 2016, has Rebekah Mason provided any political advice to you? If so,
who paid her?
11. Did you ever ask any persons, firms, corporations or other entities to contribute money
ACEGOV?
12. Identify any persons, firms, corporations or other entities who contributed money
directly or indirectly to Defendant Mason, whether by cash, check, PayPal, or provided
any other benefits to Defendant Mason, through RCM or any of Defendant Masons
businesses; any of Jon Masons businesses; ACEGOV; Bentley for Governor, Inc.; and
Defendant Bentley personally.
13. Did you instruct anyone to provide Rebekah Mason with a parking place at the Capitol?
If so, whom.
14. Who provided Rebekah Mason with a parking place at the Capitol?
15. Did you instruct anyone to provide Rebekah Mason with card key access to any of the
Capitol buildings? If so, whom.
16. Who provided Rebekah Mason with card key access to any of the Capitol buildings?

DOCUMENT 113

17. Provide the number and provider for each cell phone you used from January 1, 2010 to
present.
18. Attached as Exhibit A is a Statement from www.governor.alabama.gov dated March 22,
2016, entitled Governor Bentley Announces Termination of Spencer Collier as Alabama
Law Enforcement Agency Secretary. In that Statement you are quoted as saying After
placing Spencer on medical leave a few weeks ago to allow him to recover from back
surgery, Acting ALEA Secretary Stan Stabler identified several areas of concern in the
operations, policies and procedures at ALEA. State each of the areas of concern that
ALEA Secretary Stan Stabler identified to you and whether any documents were provided
to you to support Stablers concerns.
19. In the Statement attached as Exhibit A you were also quoted as saying After an internal
review, the ALEA Integrity Unit found a number of issues, including possible misuse of
state funds. With respect to that quote, state the following:
A.

The name and job title of each member of the ALEA Integrity Unit who

participated in the internal review.

B.

The issues that were identified.

C.

The possible misuse of state funds to which you were referring.

D.

Whether you had reviewed any documents related to this internal review.

E.

The person who would have the most information about this internal

review.
20. Attached as Exhibit B is a Statement from www.governor.alabama.gov dated April 19,
2016, entitled Governor Bentley Releases Statement on Collier Lawsuit. In that
Statement you are quoted as saying Mr. Collier was terminated of his duties as ALEA

DOCUMENT 113

for cause. Once the facts and circumstances become public, I am confident that the
justification for terminating him will be shown. State all of the facts and circumstances
that you were referring to in that statement.
21. With respect to Exhibit B, also state in detail the cause you were referring to.
22. With respect to Exhibit B, also state in detail everything you claim justified Colliers
termination.
23. Did you order Collier not to submit a sworn statement in the Mike Hubbard case?

REQUESTS FOR PRODUCTION

1. A copy of the internal review and/or all documents related to the review you identified
in the Statement from www.governor.alabama.gov dated March 22, 2016, entitled
Governor Bentley Announces Termination of Spencer Collier as Alabama Law
Enforcement Agency Secretary.
2. Any and all documents, emails, reports, memorandums, correspondence, photographs,
videotapes and/or electronic recordings in your possession, custody and/or control which
relate to any of the facts contained in the Plaintiffs complaint.
3. All emails, texts, correspondence, documents, memorandums and/or any writings between
you and Rebekah Mason that relate in any way to Spencer Collier.
4. All emails, texts, correspondence, documents, memorandums and any writings between
you and Stan Stabler that relate in any way to Spencer Collier.

DOCUMENT 113

5. Any and all cell phone records, including those of burner phones that you used from
January 1, 2010 to present, including, but not limited to, any receipts involving the
purchase of any bills and any payment information relating to these phones from January
1, 2010 to present.
S/ Kenneth J. Mendelsohn
Kenneth J. Mendelsohn (MEN 001)
Attorney for Plaintiff
OF COUNSEL:
JEMISON & MENDELSOHN
1772 Platt Place
Montgomery, Alabama 36117
(334) 213-2323 (Telephone)
(334) 213-5663 (Facsimile)
Email: kenny@jmfirm.com
Law Offices of Tommy James
2700 Corporate Drive, Suite 200
Birmingham, Alabama 35242
Tjameslaw1@gmail.com

CERTIFICATE OF SERVICE
I certify that on June 20, 2016, Notice of the Filing of the foregoing has been served on
all counsel of record via the Courts Alafile system and a copy has been served by email:

s/Kenneth Mendelsohn
OF COUNSEL

John C. Neiman, Jr.

Stephanie Houston Mays
Mark D. Foley, Jr.
Maynard Cooper & Gale
1901 6th Avenue N., Suite 2400
Birmingham, Alabama 35203-2602
jneiman@maynardcooper.com

DOCUMENT 113

Joseph C. Espy, III

Benjamin J. Espy
William M. Espy
MELTON, ESPY & WILLIAMS, P.C.
P.O. Drawer 5130
Montgomery, Alabama 36103
Telephone: 334-263-6621
jespy@mewlegal.com
bespy@mewlegal.com
wespy@mewlegal.com

Robert D. Segall
Ashley N. Penhale
Copeland, Franco, Screws & Gill, P.A.
Post Office Box 347
Montgomery, Alabama 36101-0347
Phone: (334) 834-1180
Fax: (334) 834-3172
Email: segall@copelandfranco.com
Email: penhale@copelandfranco.com

William P. Gray, Jr.

Douglas N. Robertson
GRAY & ASSOCIATES, L.L.C
WPG@grayattorneys.com
David B. Byrne, Jr.
Office of the Governor
david.byrne@governor.alabama.gov

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EXHIBIT B

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Governor Bentley Announces Termination of Spencer Collier as Alabama Law Enforcement Agency Secretary - Office of the Governor of Alabama

Public Records

The Ofce of Alabama Governor

Robert Bentley

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Governor Bentley Announces Termination of

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Spencer Collier as Alabama Law Enforcement

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Agency Secretary
EXECUTIVE ORDERS
PROCLAMATIONS

MARCH 22, 2016

PRESS RELEASES

STATEMENTS

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MONTGOMERYGovernor Robert Bentley on Tuesday announced the

termination of Alabama Law Enforcement AgencySecretary

MEDIA CLIPS

SpencerCollier efective immediately.

Spencer Collier and I have served together a long time, dating back to my
Search by Keyword

time in the Alabama House of Representatives, GovernorBentley said.

He is a friend of mine, and led the implementation of the consolidation of
sate law enforcement functions into one singular agency, the Alabama
Law Enforcement Agency (ALEA). I appreciate Spencers service to the

ARCHIVES

2016
April

State of Alabama.
After placing Spencer on medical leave a few weeks ago to allow him to
recover from back surgery, Acting ALEA Secretary Stan Stabler identifed
several areas of concern in the operations, policies and procedures at

March

ALEA. After an internal review, the ALEA Integrity Unit found a number of

February

issues, including possible misuse of sate funds. I am disappointed to

January

learn these facts, and today, I relieved Spencer Collier of his duties as
ALEA Secretary.

2015

Governor Bentley also announced the appointment of Stan Stabler to serve

http://governor.alabama.gov/...sroom/2016/03/governor-bentley-announces-termination-spencer-collier-alabama-law-enforcement-secretary/[4/22/2016 8:56:20 AM]

DOCUMENT 113

Governor Bentley Announces Termination of Spencer Collier as Alabama Law Enforcement Agency Secretary - Office of the Governor of Alabama

as Secretary of ALEA.

2014

Stan Stabler is a veteran law enforcement ofcer who has30 plus years in

2013

law enforcement, I appreciate his service as Acting Secretary, and cannot

think of amore qualifed person to serve as ALEA Secretary. I appreciate

2012

Stan joining my team tolead the dedicated men and women who respond
2011

when Alabamianscall onthem in emergencies, Bentley added.

TWITTER
TWITTER
You can read my full
statement on the
passage of the Teacher
Pay Raise Bill here:
https://t.co/Lac9eyVyQs
19 hours ago
Alabamas commitment to
education is strong, and
with this pay raise, state
leaders are sending a
clear message of
support.
19 hours ago
In my State of the State I
prioritized a pay raise for
teachers & support staff.
I commend the
Legislature for passing
this legislation.
19 hours ago

Follow @GovernorBentley

ALABAMA THE BEAUTIFUL

http://governor.alabama.gov/...sroom/2016/03/governor-bentley-announces-termination-spencer-collier-alabama-law-enforcement-secretary/[4/22/2016 8:56:20 AM]

DOCUMENT 113

Governor Bentley Announces Termination of Spencer Collier as Alabama Law Enforcement Agency Secretary - Office of the Governor of Alabama

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http://governor.alabama.gov/...sroom/2016/03/governor-bentley-announces-termination-spencer-collier-alabama-law-enforcement-secretary/[4/22/2016 8:56:20 AM]

DOCUMENT 113

Governor Bentley Releases Statement on Collier Lawsuit - Office of the Governor of Alabama

Public Records

The Ofce of Alabama Governor

Robert Bentley

HOME

GOVERNOR

MANSION

CABINET

NEWSROOM

EXHIBIT D
Press Releases

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Governor Bentley Releases Statement on

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Collier Lawsuit
PRESS RELEASES
EXECUTIVE ORDERS

APRIL 19, 2016

PRESS RELEASES

PROCLAMATIONS

STATEMENTS

MONTGOMERYGovernor Robert Bentley on Tuesday released a

satement in response to a lawsuit fled today by former ALEA Secretary

SPEECHES

Spencer Collier.
MEDIA CLIPS

Mr. Collier was terminated of his duties at ALEA for cause. Once the facts
and circumsancesbecome public, I am confdent that the jusifcation for
terminating him will be shown. We will aggressively defend this lawsuit.Search by Keyword

Governor Robert Bentley

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2016
April
March
February
January

2015

http://governor.alabama.gov/newsroom/2016/04/governor-bentley-releases-statement-collier-lawsuit/[4/22/2016 8:53:51 AM]

DOCUMENT 113

Governor Bentley Releases Statement on Collier Lawsuit - Office of the Governor of Alabama

2014
2013
2012
2011

TWITTER
TWITTER
You can read my full
statement on the
passage of the Teacher
Pay Raise Bill here:
https://t.co/Lac9eyVyQs
19 hours ago
Alabamas commitment to
education is strong, and
with this pay raise, state
leaders are sending a
clear message of
support.
19 hours ago
In my State of the State I
prioritized a pay raise for
teachers & support staff.
I commend the
Legislature for passing
this legislation.
19 hours ago

Follow @GovernorBentley

ALABAMA THE BEAUTIFUL

http://governor.alabama.gov/newsroom/2016/04/governor-bentley-releases-statement-collier-lawsuit/[4/22/2016 8:53:51 AM]

DOCUMENT 113

Governor Bentley Releases Statement on Collier Lawsuit - Office of the Governor of Alabama

GOVERNOR

MANSION

NEWSROOM

GALLERIES

STATE RESOURCES

About the

Governors

Press Releases

Photos

Government

Alabama.gov

Governor

Mansion

Proclamations

Videos

Directory

Alabama.travel

Cabinet

Mansion History

Proclamations

Media

MadeInAlabama.com

Public Records

Public Rooms

Executive Orders

Alerts

Staff

Mansion Tours

Speeches

RSS Feed

Contact

2016 Ofce of the Governor of Alabama | Statements & Policies

http://governor.alabama.gov/newsroom/2016/04/governor-bentley-releases-statement-collier-lawsuit/[4/22/2016 8:53:51 AM]