Sullivan v. Hargis, Et Al

DocuSign Envelope ID: 70C559C3-749E-4411-92FF-671E36E40AE8
Case 1:17-cv-01881-JKB Document 1 Filed 07/07/17 Page 1 of 25
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND
FREDERICK POLICE OFFICER : Case no.

DANIEL SULLIVAN
Plaintiff, : Judge:
-v-
:
CITY OF FREDERICK, MARYLAND;
FREDERICK POLICE DEPARTMENT : Jury Trial Requested
CHIEF OF POLICE EDWARD HARGIS,
in his personal and professional capacity; :
CAPTAIN PATRICK GROSSMAN,
LT. THOMAS TOKARZ
JOHN DOE, JANE DOE
FREDERICK POLICE DEPARTMENT :
in their personal and professional capacities.
___________________________________________________
COMPLAINT FOR DECLARATORY JUDGMENT,

PRELIMINARY AND PERMANENT INJUNCTION AND DAMAGES
___________________________________________________
INTRODUCTION, JURISDICTION AND VENUE
1. This is an employment civil rights case involving deprivations of rights contained in the
First Amendment of the U.S. Constitution, made actionable pursuant to 42 U.S.C. 1983; and for
violations of Marylands Declaration of Rights, and the common law of Maryland.
2. It is an action arising out of the illegal suppression of Plaintiffs speech, and unlawful
retaliation for speech and lawful assembly, and Defendants unlawful investigation of Plaintiff,
reprimands and rebukes, mistreatment and endangerment of his life and safety, threats of criminal
charges, and placement of derogatory information in his personnel file, all in order to silence, defame
and retaliate against him.
3. The Plaintiff, Daniel Sullivan, is a citizen and resident of Maryland.
4. All Defendants are, on information and belief, employed in Frederick, Maryland as

1
members of the Frederick Police Department.
5. The Plaintiff sues Defendants Edward Hargis, Patrick Grossman, Thomas Tokarz and John
& Jane Does (to be named if discovered) in their personal capacities and official capacities for
injunctive relief, declaratory judgment, compensatory and pain and suffering damages, punitive
damages, attorneys fees and costs.
6. This Court has jurisdiction pursuant to 28 U.S.C. 1331, as this action arises under the
First and Fourteenth Amendments to the United States Constitution; under 28 U.S.C. 1342(a)(3), in
that it is brought to redress deprivations under color of state law, of rights, privileges and immunities
secured by the United States Constitution; under 28 U.S.C. 1367, in that the state law claims raised
are so related to the federal claims that they form part of the same case or controversy; under 28 U.S.C.
1343(a)(4), in that it seeks to recover damages and secure equitable relief under Act of Congress,
specifically 42 U.S.C. 1983, which provides a cause of action for the protection of civil rights; under
28 U.S.C. 2201(a), to secure declaratory relief; and under 28 U.S.C 2202, to secure preliminary and
injunctive relief and damages.
7. Venue is proper pursuant to 28 U.S.C. 1391(b)(2).
FACTS
8. All other paragraphs in this complaint are incorporated herein as if fully set forth.
9. In all respects, Plaintiff has complied with Marylands Tort Claims Act, having given
confidential notice to Defendants in writing dated March 17, 2017 to seek resolution of the matters
pleaded herein as required by notice and opportunity mandate under that statute, with the requisite
signature cards of Defendants having been received by this firm, demonstrating knowledge of the
claims herein by Defendants, with a single letter being received in response acknowledging receipt and
denying Plaintiffs claims on behalf of all Defendants signed by Assistant City Attorney Scott Waxter
and dated April 5, 2017.
2
10. The Plaintiff has been employed as a police officer by the Frederick City Police Department
(FPD) since 2004 through the present time.
11. The facts giving rise to this lawsuit include acts of retaliation, harassment, false
investigation, defamation, failure to promote, and hostile workplace environment by Defendants
against the Plaintiff for his private, First Amendment protected Free Speech.
12. On July 24, 2016 the Plaintiff hosted a Blue Lives Matter Rally in support of fallen police
officers nationwide and for a call to peace. On July 25, 2016 Plaintiff was told by Defendant Lt.
Tokarz: If you ever feel the need to exercise your First Amendment rights again, I hope you come
to me your Lieutenant and ask my advice prior to doing so. Then, that same day an internal
investigation was opened against him by FPD command on false pretexts.
13. The Plaintiff Daniel Sullivan, also a Master Sergeant, USA, is a highly skilled and decorated
Green Beret with numerous deployments in defense of the United States, receiving medals such as the
Bronze Star (with two oak leafs) during combat action.
14. Master Sergeant Sullivan (hereafter, Officer Sullivan) is also a skilled and accomplished
police officer with the FPD, having joined as an officer in 2004.
15. Officer Sullivan trains Frederick Police Officers in both weapons and tactical special
response and serves on the FPD's training team as well as previously a patrol officer and member of its
SWAT response team.
Frederick Rising Anti-Police Rallies
1. On July 7, 2016 in Dallas, Texas five (5) police officers were killed in a horrific ambush - the
deadliest day for police since 9/11 and during a time of national anti-police demonstrations
which were occurring all over the country. (Exhibit A, news article, attached hereto).
2. In light of this tragedy, and the fact that during the first two weeks of July 2016 a local anarchist
3
group called Frederick Rising - part of a national far-left Marxist-Progressive effort to
disarm police and endanger their lives - held two (2) escalation in force anti-police rallies in
Frederick, Maryland (Exhibit B, news article, attached hereto), on July 8, 2016 beginning at
approximately 2:26 p.m. Officer Sullivan prepared rapid deployment bags for the FPD
Special Response Team and Street Crimes Unit. (Exhibit C, e-mail/Cpl. Scott Ertter, attached
hereto).
3. In addition, Officer Sullivan reviewed the plans of the anarchists and individuals associated
with the anti-police protests on a social media public forum, Facebook, where a known
anarchist and anti-police organizer named Max Neely posted his intent on violence against
police and twice posted publicly that he was bi-polar, posting also under a known
pseudonym, Muk Nally. (Exhibit D, facebook posts, attached hereto).
4. Max Neely recently posted homicidal-terror support for the shooting of Congressman Steve
Scalise, claiming death is too kind for him and I hope he never walks again. (Exhibit E,
facebook post, attached hereto).
5. Max Neely, who regularly has between 12 and 50 Frederick-area friends liking his posts and
who belongs to Frederick-area groups such as Frederick Rising, Occupy movement,
antifa and Pro-Communist groups and militias, has posted numerous other homicidal
anarchist and communist revolutionary statements including:
His motto: Si vis pacem, para bellum is a Latin adage translated as, "If you want peace,
prepare for war".
#DeathToCapitalists
#DeathToLiberals
Fuck The Cops
Communist Symbols and statements: I am an anarcho Communist
4
#HailSatan666, #DeathToAmerica.
wealthy college educated liberals who still support capitalism, you're all fucking idiots and
I can't wait till [sic] you start getting executed, I just hope it's by socialists and not
fascists. I don't care if you're my blood relative, I hope you die. I don't care if you are a
member of an oppressed group. I hope you die. And more and ongoing similar anti-police
posts which receive numerous likes by friends who are networked with antifa uprising
and related groups. (Exhibit F, facebook postings, attached hereto).
6. Officer Sullivan requested to work the Frederick Rising rallies through Cpl. Scott Ertter as an
overtime assignment.
Blue Lives Matter Rally
7. During the time of these anti-police rallies Officer Sullivan decided around July 16, 2016 to
host a peaceful Blue Lives Matter gathering on his own time and efforts, in the Frederick
Memorial Veteran's Park to both provide an opportunity for speaking out with the public's
support for the safety of police and to hopefully dialogue positively with anti-police groups,
which were also invited to join the rally for peace and in support of fallen police officers and
their families.
8. Officer Sullivan, as a Green Beret Master Sergeant, has repeatedly defended the Constitutional
rights of all Americans to speak freely, to engage in peaceful gathering and to redress
grievances in a positive manner effecting good change. Never did he think that the very
freedoms he fought to defend for others would be used against him as they have been.
9. On July 17, 2016 Officer Sullivan announced the date and time of the Blue Lives Matter on
social media to be July 23, 2016. (Exhibit G, rally announcement, attached hereto).
10. The following day, July 18, 2016, by telephone calls at 2:40 p.m., 4:17 p.m., and 4:44 p.m., the
5
Frederick Police Department leadership team, on information and belief under orders from
Chief Hargis and Captain Grossman, took extreme measures to pressure Officer Sullivan by
strongly encouraging him to cancel the said Blue Lives Matters public free speech event
which he was handling on his own time, targeting his free speech as well as the public
expression of other officers who had planned on supporting the Blue Lives Matter event (free
speech event) on their own time. (Exhibit H, telephone call log (T-Mobile), attached hereto).
11. After Officer Sullivan refused to cancel his event after being informed he should do so by Lt.
Pennington, who was under pressure from Cpt. Patrick Grossman under orders from Chief
Edward Hargis. Upon refusal to cancel the event, Chief Hargis and Cpt. Grossman canceled the
weekend off of the entire training staff for the weekend of July 23-24, 2016, of which staff
Officer Sullivan was a member, making the staff suffer punitively for Officer Sullivan's refusal
to cancel his free speech event.
12. At no previous time were training staff at FPD called upon to cancel their regular days off for
the rallies being held by the anti-police protestors.
13. On information and belief, Lt. Pennington was ordered or asked by Chief Hargis and/or Cpt.
Grossman to tell Officer Sullivan to cancel the Blue Lives Matter rally.
14. During the 4:17 p.m. phone call on July 18, 2016, Lt. Pennington called Officer Sullivan back,
clearly under renewed pressure from Chief Hargis, to demand a cancelation of the Blue Lives
Matter event and telling Officer Sullivan he should do so, which he politely declined. However,
Officer Sullivan offered to move the event to the following day as an accommodation, which
date change he then made. (Exhibit I, facebook post rally date change, attached hereto).
15. Officer Sullivan then e-mailed the entire FPD command staff the details of the Blue Lives
Matters event for July 24, 2016, to request any comments or complaints, however none were
sent to Officer Sullivan. (Exhibit J, e-mail to FPD dated 7/18 at 9:33 p.m., attached hereto).
6
16. During the period of time from July 17, 2016 through the date of the rally, ranking members of
FPD continued to intimidate Officer Sullivan and his co-workers and other officers in the
Department in an overt attempt to prevent them from attending the pro-fallen police rally.
(Exhibit K, e-mails, attached hereto).
17. During times of Roll Call, ranking members of FPD, on information and belief on orders from
Chief Hargis, were threatening and harassing officers to pressure them not to attend the Blue
Lives Matter rally saying: if you attend Off. Sullivan's Blue Lives Matter rally, the anti-police
people will target your families or similar threats against their free exercise of speech and
assembly.
18. They were repeatedly told by members of the FPD command staff it would behoove [sic] you
not to go to the rally and similar threats. Sadly, these threats worked and only three (3)
members of FPD attended the rally including Officer Sullivan. However, County Sheriff Chuck
Jenkins and a few additional members of law enforcement, including the Fraternal Order of
Police chapter president and FPD police Chaplain, attended what turned out to be a very
positive rally with a large public and peaceful gathering. (Exhibit L, newspaper article,
attached hereto).
19. On July 20, 2016, a public Facebook post by local anarchist Max Neely attacked Officer
Sullivan, identifying him as the organizer of the upcoming Blue Lives Matter rally and accusing
him of murder for an incident in which Officer Sullivan heroically risked his life to save the
lives of bystanders and police during an active shooter response while on duty in 2008. (Exhibit
M, news articles, attached hereto).
20. To answer this public concern issue, Officer Sullivan defended himself on social media with
the facts of the incident which had been made very public in previous, thoroughly reported,
news. (Exhibit N, facebook post, attached hereto).
7
21. On July 23, 2016 the post by Neely was reposted by a Mary Palkovic out of concern for the
rally attendee's safety, and Officer Sullivan responded and let people know they could look up
his public post that Neely had a mental illness and that he did not represent the Black Lives
Matter movement as a whole, that the mental health care system in the United States needed to
be fixed to help people like Max Neely, and that the police in general are underfunded and in
need of better equipment and training. (Exhibit O, facebook post, attached hereto).
22. On July 24, 2016 at 4:00 p.m. Officer Sullivan lead the Blue Lives Matter rally (rally) in the
Frederick Veteran's park while off-duty, to express his public support for his fellow police
officers and workers who have been killed in the line of duty, and to raise money for the Dallas
and Baton Rouge families of the officers who were recently killed.
23. The rally went very well and was well-attended with speakers and citizens, and included an
ice-cream social pizza party both free to all at the end, which ended up including both police,
the public and opposition protestors who peacefully joined and ate free pizza and ice-cream
while chatting individually with police and the public.
Independence Day Fireworks Fredericks Baker Park
24. Ironically, the July 4th Fireworks had been rained out and rescheduled for that evening of July
24, 2016 in Baker Park, downtown Frederick.
25. But instead of helping Frederick residents and attendees celebrate our national birth of freedom
under the United States, FPD leadership used the occasion to persecute Officer Sullivan for
hosting the rally and for refusing to cancel it.
26. On July 24, 2016 at 6:00p.m. Off. Sullivan reported for duty to work the Frederick Fireworks
make-up event in Baker Park. During the briefing by command staff, Off. Sullivan learned the
posted, written orders for police service had been changed/amended and Off. Sullivan was now
8
placed at the furthermost intersection from Baker Park West Patrick St. and U.S. Rt. 15,
and not assigned a vehicle to get to or have at that intersection. (Exhibit P, Independence
Day celebration orders highlighting facts, attached hereto).
27. The said intersection is a busy and dangerous four-lane highway with thousands of vehicles
traveling it every day and FPD Chief Hargis outrageously assigned Off. Sullivan to that unsafe
location on foot with no squad car or patrol lights or other means of protective announcement
and force.
28. Every officer on the traffic control assignment was assigned a patrol car, except for Off.
Sullivan, who had one of the most dangerous and high traffic locations.
29. Several members of staff made statements that Off. Sullivan was assigned to that intersection
because he was being punished for hosting the Blue Lives Matter Rally. This hostile
workplace retaliation endangered the life of Off. Sullivan and the safety of civilians in traffic
and was designed to defame him publicly and within the FPD, and to embarrass him.
Retaliatory Internal Investigation Against Officer Sullivan
30. Shockingly, the next day, Monday morning July 25, 2016 at approximately 9:00a.m. Lt. Tokarz
called Off. Sullivan and his Sergeant (Carr) into a classroom and began to reprimand Officer
Sullivan.
31. Tokarz started the meeting by saying If you ever feel the need to exercise your First
Amendment rights again, I hope you come to me your Lieutenant and ask my advice prior
to doing so.
32. Then, the same day on July 25, 2016 the command staff of Chief Hargis, Cpt. Grossman and
Lt. Tokarz used as a faux and pretextual basis - the Facebook public concern posts of Officer
Sullivan to open an internal investigation into Officer Sullivan because he had refused to cancel
9
the Blue Lives Matter rally, but under the guise of posting private information about a known
anarchist and information pertaining to internal affairs of the FPD. (Exhibit Q, e-mails,
attached hereto).
33. In an improper delay of notice of Officer Sullivans rights, Defendants waited nearly 60 days to
serve on Officer Sullivan the official notice of internal investigation, filing and dating the same
on August 30, 2016, but not serving it on Officer Sullivan until September 20, 2016 nearly
sixty (60) days after beginning the internal investigation. (Exhibit R, internal investigation
#16-4-07 dated 8/30/2016, attached hereto).
34. This official counseling session of July 25, 2016 caused Off. Sullivan intense emotional pain
and suffering and demonstrated to him that this verbal attack was also an FPD municipal
practice, policy, or custom causing his injuries.
35. After this incredibly offensive counseling session Off. Sullivan was intimidated to not
exercise his First Amendment rights again, despite being requested by over 50 people to hold
another Blue Lives Matter rally. Off. Sullivan believed that if he complied the harassment by
his command might end.
36. That would not be the case, as the Department was intent on making an example of him
for exercising his First Amendment speech and assembly rights.
37. On August 1, 2016 after informing FPD chain of command that Plaintiff's doctor had ordered
neck surgery because of his injuries from his 3rd Tour in Afghanistan as a Green Beret in service
to our country, including a fusion of several cervical vertebras, Off. Sullivan was then verbally
ordered by Lt. Tokarz, without a written order, to turn in your gun and badge.
38. Because of this shocking act, committed by FPD against Plaintiff at a moment when he was
suffering for his U.S. Army service in defense of his country, he became concerned for his job
and reputation.
10
39. After demand for written process as required by FPD policy, a written order was finally signed
by Lt. Tokarz and included a pay reduction for Restricted Duty...payroll code 74, a turning in
of his gun and badge, and a prohibition of any secondary or extra duty employment. It was
highly unusual for Tokarz to issue an oral order to Off. Sullivan to turn in his gun and badge
because FPD policy requires written orders outlining terms and conditions and return-to-work
rights when required to turn in your gun and badge for a temporary period of time.
40. Even though Off. Sullivan's doctors informed him and will testify that a minimum of six (6)
weeks off duty was required post-spinal fusion surgery, Off. Sullivan feared for his job and
retribution by FPD against him, so he returned to duty only 2 weeks after surgery under
extreme duress and pain.
41. Off. Sullivan was performing his job well with light desk duty during this time.
42. On September 20, 2016 Off. Sullivan was called into the office of Lt. Hennyberry at
approximately 10:32 a.m., who was the commander of Technical Services Bureau.
43. Although he was not in Off. Sullivan's chain of command, Henneberry then served Off.
Sullivan with a purported internal investigation complaint dated August 30, 2016, which
continued the outrageous infringement of liberty and violations of law by Defendants.
44. This was unusual because Lt. Bruce DeGrange was in charge of Internal Affairs and Lt.
Hennyberry was in charge of the computer maintenance and communications section and did
not normally handle internal investigation complaints.
45. This change away from internal affairs deviated from the normal FPD protocol Off. Sullivan is
familiar with and demonstrates the command staff was advancing an illegal scheme and
conspiracy against Off. Sullivan.
46. Additionally, an e-mail chain obtained by Information Act request demonstrates that the
purported investigation began at least on July 23, 2016 and not August 30, 2016. (Exhibit S,
11
e-mail chain, attached hereto).
47. The purported internal investigation accused Off. Sullivan of three (3) charges related to the
Blue Lives Matter Rally originally scheduled for July 23, 2016 and held on July 24, 2016.
Those charges were: (1) It is alleged that on or about July 23, 2016, Officer Daniel Sullivan:
posted an unprofessional remark on Facebook that identified Maxwell Neely as mentally ill,
bi-polar to be exact. (2) posted an unprofessional remark on Facebook when he offered his
opinion that law enforcement...are under equipped, under trained..., (3) used information from
I/Leads to determine that Maxwell Neely is bipolar.
48. The charges are false and defamatory and were used to unlawfully cause him great legal
expense, and emotional pain and suffering and caused Plaintiff to be hospitalized.
49. Max Neely's mental illness, including his bipolar disorder, he regularly posted about on public
forums such as Facebook. (Exhibit T, Facebook/Google group posts, attached hereto).
50. Plaintiff's opinion law enforcement...are under equipped, under trained... is a public remark
about a public matter of concern, including that during 2016 the public national debate focused
on what level of equipment and training law enforcement should have in light of the protests
and in light of the potential for social unrest harming large numbers of society and businesses.
51. The allegation Plaintiff used I/Leads to determine that Maxwell Neely is bipolar is false on
its very face, as the statement Plaintiff is accused of itself references Facebook as the source and
at no time did Off. Sullivan access I-Leads to disclose information on Mr. Neely.
52. After months of enduring this false investigation Plaintiff was exonerated and cleared of any
wrongdoing, yet his personnel file remains riddled with accusatory and defamatory information
regarding the false investigation.
53. On September 22, 2016 Off. Sullivan checked his personnel file and noticed that at least one of
his evaluations for positive performance had been removed.
12
54. On information and belief, the evidence will show that was done to remove and destroy that
particular performance evaluation in order to destroy evidence of a crime committed by a one-
time supervisor (now a Lt.), in order for the FPD leadership to promote that individual.
55. After 12 years of successful leadership and service in the Frederick Police Department there are
only three (3) personnel evaluations in Plaintiff's personnel folder, and a complete failure to
promote him.
56. On further inspection of his personnel file on that date, September 22, 2016, Off. Sullivan
discovered that a negative letter stating falsely there were performance issues from eight (8)
years prior remained in his file regarding the shooting of the Active Shooter even though the
Department had been ordered by prior action at law to remove all negative references from Off.
Sullivan's personnel file.
57. On information and belief, this negative letter was left in Off. Sullivan's file in order to destroy
his character and performance as a police officer to all who would review his file for
employment.
58. Several days later, Off. Sullivan was hospitalized for a stomach bowel blockage, caused by
work-related stress stemming from the false internal investigation.
59. On October 7, 2016 Off. Sullivan was interrogated by Lt. Henneberry with his FOP lawyer, Pat
McAndrew, present. Lt. Henneberry appeared to acknowledge that the internal investigation
begun by Chief Hargis, Cpt. Grossman and Lt. Tokarz was not supported by any legitimacy or
evidence and that he was just doing what he had been ordered to do by interrogating Off.
Sullivan.
60. On October 10, 2016 Off. Sullivan again went to the hospital as his normal blood pressure was
now registering 230/140 due directly to the stress of the false internal investigation against him.
61. For four (4) long months of excruciated pain and suffering enduring the lies of an internal
13
investigation that could cost Officer Sullivan his career, Plaintiff's stress remained high
throughout the holidays in the Fall and Winter 2016, causing him to lose sleep, weight and
family enjoyment, all due to the false internal investigation open against him. The doctor's
admission notes state these facts and show they are true. (Exhibit U, doctors note, attached).
62. The day after New Year's Day, on January 2, 2017 at 12:45p.m., Sgt. Carr and Cpl. Strong
ordered Off. Sullivan to follow them into the multipurpose room for a meeting. Inside that
room Lt. Tokarz was sitting at a table and proceeded to inform Off. Sullivan that the
investigation into the Blue Lives Matter Rally was closed and all three charges were
unfounded.
63. However, Lt. Tokarz then informed Off. Sullivan that he was going to address several
performance issues that arose from that Rally. He advised Off. Sullivan that he was going
to document these issues in a memo for his personnel file and forward the same to the Chief. Lt.
Tokarz then read to Off. Sullivan from a General Order that vaguely related to use of chain of
command, but did not specify any specific act or negative performance, though Tokarz
indicated it to be a negative performance evaluation memo.
64. Lt. Tokarz then advised orally that Off. Sullivan had made deployment bags containing
supplies for officers working the anti-police rally without informing the chain of command.
Off. Sullivan then informed Lt. Tokarz that he informed Cpl. Ertter and Cpl. Preece via text and
e-mail and still had the e-mails.
65. Lt. Tokarz ignored that evidence, and then read another excerpt from a General Order stating
Off. Sullivan failed to inform the chain of command about his Black Lives Matter Rally
which Off. Sullivan stopped him, since he clearly meant Blue Lives Matter Rally and
informed him that he was in violation of Off. Sullivan's First Amendment rights to make that
statement and it must be removed from the General Order and evaluation.
14
66. Three days later, on January 5, 2017, Off. Sullivan sent an e-mail to Lt. Tokarz, Sgt. Carr and
Cpl. Strong requesting a copy of the memo that addressed the so-called negative performance
issues. Later that day Off. Sullivan found an interoffice envelope on his desk and inside were
two memos.
67. One was addressed to Sgt. Carr from Lt. Tokarz which ordered Sgt. Carr, Off. Sullivan's
supervisor, to make negative evaluation statements on Off. Sullivan's yearly evaluation. The
other memo was addressed to the Chief from Lt. Tokarz and, missing facts from the meeting,
and was written to present false information to harm Off. Sullivan professionally. (Exhibit V,
memos, attached hereto).
68. On January 9, 2017 Off. Sullivan sent a Public Information Act (PIA) request to the FPD I.T.
Department and County I.T. Department and the Office of the Chief of Police, asking for e-
mails and documents related to these matters.
69. On January 10, 2017 the City Attorney Scott Waxter requested Off. Sullivan narrow the scope
of the search for e-mails. That same day Off. Sullivan received an updated copy of his
evaluation containing derogatory and false information.
70. That evening, on January 10, 2017 at about 9p.m., Off. Sullivan sent a letter to Chief Hargis,
and internal affairs complaining and outlining the hostile work environment being conducted
against him, for altering facts and evidence, violating his civil rights and for abuse of power. On
the same date City Attorney Scott Waxter e-mailed Off. Sullivan and wrote that he had
somehow made a mistake and destroyed or lost the [Sullivan PIA] request. To date the PIA
has not been completely responded to, omitting significant deleted e-mails logs and an
Appendix, and on information and belief, other documents required to be produced.
71. Then on January 13, 2017 Off. Sullivan received a clearance letter on the August 30, 2016
internal investigation clearing him of any wrongdoing, which had been dated 1-9-17 [sic].
15
72. On January 17, 2017 Chief Hargis called Off. Sullivan into the main office at training staff
command for a meeting, and had Sgt. Carr, and Cpl. Strong also present.
73. At this meeting, Chief Hargis stated to Off. Sullivan: I was the one who ordered the
negative evaluation of your personnel record because I had three problems with the
internal investigation that cleared Off. Sullivan of any wrongdoing.
74. Hargis then said that Off. Sullivan exercising his First Amendment speech with the Rally might
cause him to, like another officer he knew, end up serving two years for manslaughter in any
future shooting.
75. Off. Sullivan understood that statement to be a direct threat of future criminal charges against
him for exercising his First Amendment rights, indicating FPD's premeditated plans to destroy
the reputation of Off. Sullivan and to remove him from his specialized Arms training position.
76. Additionally, Hargis stated that Off. Sullivan's public speech could be used against any student
of Off. Sullivan, since Off. Sullivan is the Firearms Expert Trainer, indicating intent to defame
and remove him from the training position should Plaintiff exercise his public free speech and
assembly rights.
77. Hargis then stated three separate times that he did not like the fact that Plaintiff was cleared of
any wrongdoing in the internal investigation for going ahead with the Blue Lives Matter Rally
on July 24, 2016.
78. Hargis further denied any knowledge of the open investigation filed by Plaintiff against the
FPD regarding the loss of Officer Sullivans civil and constitutional rights for participating in
the Blue Lives Matter Rally.
79. Additionally, ongoing constitutional violations of Off. Sullivan continue to occur. On February
10, 2017 Lt. Degrange pulled Mr. Sullivan into a meeting to ask about his complaint regarding
the civil rights violations and what he was doing about it. This act was perceived as
16
intimidation.
80. Off. Sullivan has been denied any ranking up or promotion even though he has been a stellar
and professional leader in the FPD's training staff for over 12 years. He has consistently been
denied a promotion to Officer First Class because of Hargis' illegal and retaliatory actions.
COUNT I
FIRST AMENDMENT RETALIATION FREEDOM OF SPEECH, ASSEMBLY

42 U.S.C. 1983
81. Plaintiff incorporates all paragraphs, facts and matters in this complaint, as if set forth fully in
this count.
82. All acts alleged herein of the Defendants, their agents, members, officers, servants, employees,
persons acting at their behest or direction, were done and are continuing to be done under the
color and pretense of law and/or unconstitutional regulation or policy.
83. Defendants requirements under law, regulations and/or policy that Plaintiff first obtain the
Frederick Police Departments permit prior to expression of his First Amendment activity in a
traditional public forum such as Facebook and City sidewalks and parks are unconstitutional,
facially and as applied to Plaintiff, under the First and Fourteenth Amendments because they
ban and regulate speech in a traditional public fora, and for reasons also stated herein.
84. Defendants policies and actions against Plaintiffs speech are not narrowly tailored to serve a
compelling government interest, and are not permissible regulations of time, place or manner of
speech.
85. Defendants requirement that Plaintiff first run the First Amendment speech by command prior
to exercising it again are unconstitutional prior restraints on free speech, afford unbridled
discretion to City Officials and police, and do not contain procedural safeguards necessary for a
speech-related permit scheme.
86. Defendants policies and actions against Plaintiffs speech are unconstitutionally overbroad and
17
have a substantial chilling effect on the free speech of Plaintiffs and others not before the Court.
87. As a result of past and present refusals by Defendants to all Plaintiff to exercise his First
Amendment political and social speech rights in traditional public forums, Plaintiff is suffering
irreparable harm for which there is no sole remedy at law.
88. As a direct and proximate result of Defendants actions, Plaintiff was unlawfully investigated,
defamed and retaliated against, suffering damages, including but not limited to economic and
other loss, embarrassment, loss of reputation and mental anguish. As a legal consequence of
Defendants violation of Plaintiffs First and Fourteenth Amendment rights as outlined above,
Plaintiff is entitled to recover damages.
COUNT II
FOURTEENTH AMENDMENT EQUAL PROTECTION VIOLATION
42 U.S.C. 1983
this count, and states that the actions complained of herein in Count II also violated the
Plaintiffs rights and deprived him of his constitutional liberties of equal protection guarantees
under the Fourteenth Amendment of the United States Constitution.
90. On September 20, 2016 Off. Sullivan was served outside of his chain of command and outside
of the FPD Internal Affairs division with a purported internal investigation complaint dated
August 30, 2016, which continued the outrageous infringement of liberty and violations of law
by Defendants.
91. This was unusual because Internal Affairs normally handled internal investigation complaints.
92. This change away from Internal Affairs deviated from the normal FPD protocol Off. Sullivan is
familiar with and demonstrates the command staff was advancing an illegal scheme and
conspiracy against Off. Sullivan avoiding scrutiny within the FPD and outside of the regulatory
requirements.
18
93. Additionally, he was deprived of a patrol car the evening after the free speech and assembly
occurred, and the unit he worked with had its weekend off taken away, all endangering him and
placing him in public and professional humiliation and embarrassment.
94. These actions were in violation of Plaintiffs rights under the First Amendment, and the
Fourteenth Amendments guarantee of Equal Protection under law.
other loss, embarrassment, loss of reputation and mental anguish.
COUNT III
RETALIATION FREEDOM OF SPEECH, ASSEMBLY
Maryland's Declaration of Rights Art. 40
this count, and states that the actions complained of herein in Count II also violated the
Plaintiffs rights to free speech under Marylands Declaration of Rights, Art. 40.
97. No immunity applies to Defendants, as evidence of malice can be inferred by, among other
things, Defendants Hargis, Grossman and Tokarz informing Plaintiff to not exercise his First
Amendment rights again without first receiving permission from command, and negative
references regarding the Plaintiffs character and work ethic being made in the internal
investigation, made as a direct result of the July 24, 2016 First Amendment protected activity of
Plaintiff, and statement by Chief Hargis that he ordered a negative evaluation in Off. Sullivans
file because he was not happy with the results of the internal investigation against Plaintiff.
98. The actions complained of herein violated the Plaintiffs rights to free speech and assembly
under Article 40, Declaration of Rights, of the Maryland Constitution.
19
other loss, embarrassment, loss of reputation and mental anguish.
COUNT IV
CIVIL CONSIPIRACY
TO DEPRIVE CONSTITUTIONAL LIBERTIES OF
FREE SPEECH, ASSEMBLY, AND EQUAL PROTECTION
100. Plaintiff incorporates all paragraphs, facts and matters in this complaint, as if set forth
fully in this count, and states that the actions complained of herein in Count IV also violated the
Plaintiffs rights and deprived him of his constitutional liberties of free speech and assembly by
actions of Defendants in a civil conspiracy.
101. On September 20, 2016 Off. Sullivan was served outside of his chain of command and
outside of the FPD Internal Affairs division with a purported internal investigation complaint
dated August 30, 2016, which continued the outrageous infringement of liberty and violations
of law by Defendants, showing an agreement by the signatures on the investigation documents
and acts in furtherance of the conspiracy by each of the conspirators.
102. The service of the investigation documents were unusual because Internal Affairs
normally handled internal investigation complaints.
103. This change away from Internal Affairs deviated from the normal FPD protocol Off.
Sullivan is familiar with and demonstrates the command staff was advancing an illegal scheme,
agreement and conspiracy against Off. Sullivan avoiding scrutiny within the FPD and outside of
the regulatory requirements.
104. Multiple acts of furtherance of the conspiracy were committed against Plaintiff by
Defendants, including launching a false investigation of Plaintiff, knowingly issuing memos
with false information defaming Plaintiff after he was cleared of the false investigation, publicly
refusing him a patrol car in front of his team and members of the FPD, and orally placing him
on administrative leave for multiple days prior to a medical leave to purposefully defame him.
20
105. As a direct and proximate result of Defendants actions, Plaintiff was unlawfully
investigated, defamed and retaliated against, suffering damages, including but not limited to
economic and other loss, embarrassment, loss of reputation and mental anguish.
COUNT V
FIRST AMENDMENT RETALIATION HOSTILE WORK ENVIRONMENT

42 U.S.C. 1983
fully in this count, and states that the actions complained of herein in Count V violated the
Plaintiffs rights under the First Amendment free speech clause and imposed upon him a hostile
work environment designed to harass, intimidate, persecute and pressure him into giving up his
constitutional liberties under the First Amendment.
COUNT VI
ABUSIVE & HOSTILE WORK ENVIRONMENT - RETALIATION
COMMON LAW
(LAW ENFORCEMENT OFFICER'S BILL OF RIGHTS LEOBOR)
fully in this count, and states that the actions complained of herein in Count VI also violated the
Plaintiffs rights under the common law of Maryland, the Law Enforcement Officers Bill of
Rights (LEOBOR).
109. Under the Law Enforcement Officers Bill of Rights, the State of Maryland guarantees
to every police officer a work environment free of abuse, hostility, discrimination or retaliation.
110. Defendants violated this common law right of all police officers when they targeted for
21
retaliation Officer Sullivan because of his First Amendment activity, and created an abusive and
hostile work environment such that Officer Sullivan was deprived of his rights, including
refusing to provide a patrol car only to him at a busy intersection during peak traffic for an
Independence Day fireworks event, repeatedly berating him for his First Amendment activity,
conducting illegal and harassing investigations against him without notice and process, and
placing destructive and defamatory information in his work file.
111. A causal connection therefore exists between the exercise of these rights and the
retaliation and endangerment of Plaintiff in his valuable employment by depriving him of a
patrol car at time when there was an equal need for protective and transportation.
COUNT VII
DEFAMATION LIBEL AND SLANDER
fully in this count, and states that the actions complained of herein in Count VII violated the
Plaintiffs rights as a private citizen to be free from defamation, libel and slander, under the
common law of Maryland.
114. Defendant Tokarz libeled Plaintiff when he signed two (2) memos dated 1-2-2017 and
1-5-2017 both entitled Re: Performance Issues regarding internal 16-04-07.
115. The first memo, dated 1-2-2017, is a three (3) page memo detailing Tokarzs false
statements of negativity towards Officer Sullivan, and was placed in his file alleging
performance issues that needed to be addressed [sic] which Tokarz alleged to have missed
when the internal investigation against Sullivan regarding the Blue Lives Matter rally was
22
returned unfounded. This memo defamed Officer Sullivan when it was distributed to the FPD
chain of command and placed in the personnel file of Officer Sullivan.
116. The second memo, dated 1-5-2017, is an instruction to Sgt. Carr, signed by Tokarz,
ordering him to note Officer Sullivans files with alleged performance issues in regards to
our meeting on 1-2-2017 including false allegations of issues involving: Review of Articles
for PublicationCommunication MediaCoordination and Assisting Other Personnel and
AgenciesChain of CommandAdherence to Chain of Command....
117. Defendants Hargis, Grossman and Tokarz libeled Plaintiff when they commanded,
ordered, signed and/or authorized negative statements in Plaintiffs internal investigation file
no. 16-04-07, and made negative statements spoken and e-mailed throughout the FPD police
force and administration against Off. Sullivan and his First Amendment activity, and made
negative statements in Plaintiffs 2016-2017 Performance Evaluation Report, which was
placed in Off. Sullivans employment file calling into question his conduct as a police officer,
all because of his First Amendment activity which the Defendants disagreed with.
118. All of these above-cited statements were false and defamatory, and causally related to
the First Amendment speech and assembly rights of Plaintiff, and have damaged his reputation
and falsely questioned his abilities as a police officer with an outstanding service performance
record.
COUNT VIII
PUBLIC INFORMATION ACT VIOLATIONS
GENERAL PROVISION ARTICLE TITLE 4, ET SEQ
23
this count, and states that the actions complained of herein in Count VIII violated the Plaintiffs
rights as a private citizen to receive information under the Public Information Act, Annotated
Code of Maryland, General Provisions Article, Title 4, et seq.
2. On January 8, 2017 Plaintiff served Defendants with a Public Information Act request, which
was not responded to pursuant to the requirements of the said statute within 10 days, with
production within 30 days.
3. Sixty-four (64) days later, still no production had been provided, nor were any of the required
remedies and notices given to Plaintiff under the said statute.
4. On March 24, 2017 the undersigned served another PIA demand on Defendants, without
waiving Plaintiffs statutory demand of January 8, 2017, notifying the City that no response had
been provided per the statutes requirements, and demanding production.
5. On April 20, 2017, 102 days after the PIA service demand, a partial and incomplete production
was certified by City Attorney Saundra Nickols, however significantly excluding all deleted e-
mail logs from the times in question, namely the months of July through November 2016 from
the Blue Lives Matter Rally through the end of the false investigation, and also omitting the
Appendix portion of the false investigation.
6. Each of these omissions and other omissions, on information and belief, were
misrepresentations and material documents withheld that were required to be disclosed under
the Public Information Act requests of Plaintiff, all in violation of the Act.
7. Plaintiff is entitled to statutory relief including, damages and injunctive relief under the said
Act, and an order to produce said documents, with attorneys fees and costs.
WHEREFORE, Plaintiff requests Judgment as follows:
(a) Entering a money judgment against Defendants, in their personal and professional capacities, to
24
compensate the Plaintiff for economic and non-economic damages incurred by the Plaintiff, including
but not limited to, the humiliation, stress, mental anguish, embarrassment, and loss of enjoyment of life
suffered by the Plaintiff, in an amount no less than $10,000,000.00;
(b) Granting punitive damages against Defendants, in their personal and professional capacities, in the
amount of $10,000,000.00;
(c) Awarding Plaintiff his costs and reasonable attorneys fees in this action;
(d) Granting preliminary and permanent injunctive relief barring Defendants from their illegal prior
restraint on Plaintiffs First and Fourteenth Amendment liberties; and
(e) Granting such other and further relief as this Court may deem just and proper.
PLAINTIFFS ATTESTATION:
Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury under the laws of the United States of
America that the foregoing complaint is true and correct.
Executed on:______________, day of__________________, 2017.
Signed:__________________________________
Print name: ______________________________
Respectfully submitted,
__/s/___________________________
Daniel L. Cox, Federal Bar no. 28245
The Cox Law Center, LLC
P.O. Box 545
Emmitsburg, MD 21727
Phone: 410-254-7000
Facsimile: 410-254-7220
E-mail: dcox@coxlawcenter.com
Attorney for the Plaintiff
25

Sullivan v. Hargis, Et Al

Hochgeladen von

Dokumentinformationen

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Sullivan v. Hargis, Et Al

Hochgeladen von

Copyright:

Verfügbare Formate

DocuSign Envelope ID: 70C559C3-749E-4411-92FF-671E36E40AE8

Case 1:17-cv-01881-JKB Document 1 Filed 07/07/17 Page 1 of 25

IN THE UNITED STATES DISTRICT COURT

FREDERICK POLICE OFFICER : Case no.

COMPLAINT FOR DECLARATORY JUDGMENT,

INTRODUCTION, JURISDICTION AND VENUE

violations of Marylands Declaration of Rights, and the common law of Maryland.

and retaliate against him.

3. The Plaintiff, Daniel Sullivan, is a citizen and resident of Maryland.

4. All Defendants are, on information and belief, employed in Frederick, Maryland as

members of the Frederick Police Department.

damages, attorneys fees and costs.

injunctive relief and damages.

7. Venue is proper pursuant to 28 U.S.C. 1391(b)(2).

and dated April 5, 2017.

(FPD) since 2004 through the present time.

investigation, defamation, failure to promote, and hostile workplace environment by Defendants

investigation was opened against him by FPD command on false pretexts.

Bronze Star (with two oak leafs) during combat action.

police officer with the FPD, having joined as an officer in 2004.

SWAT response team.

Frederick Rising Anti-Police Rallies

group called Frederick Rising - part of a national far-left Marxist-Progressive effort to

pseudonym, Muk Nally. (Exhibit D, facebook posts, attached hereto).

facebook post, attached hereto).

who belongs to Frederick-area groups such as Frederick Rising, Occupy movement,

anarchist and communist revolutionary statements including:

prepare for war".

Fuck The Cops

Communist Symbols and statements: I am an anarcho Communist

and related groups. (Exhibit F, facebook postings, attached hereto).

Blue Lives Matter Rally

to cancel his free speech event.

the rallies being held by the anti-police protestors.

(Exhibit K, e-mails, attached hereto).

M, news articles, attached hereto).

news. (Exhibit N, facebook post, attached hereto).

while chatting individually with police and the public.

Independence Day Fireworks Fredericks Baker Park

24, 2016 in Baker Park, downtown Frederick.

hosting the rally and for refusing to cancel it.

Day celebration orders highlighting facts, attached hereto).

Retaliatory Internal Investigation Against Officer Sullivan

#16-4-07 dated 8/30/2016, attached hereto).

practice, policy, or custom causing his injuries.

his command might end.

for exercising his First Amendment speech and assembly rights.

extreme duress and pain.

continued the outrageous infringement of liberty and violations of law by Defendants.

not normally handle internal investigation complaints.

conspiracy against Off. Sullivan.

e-mail chain, attached hereto).

I/Leads to determine that Maxwell Neely is bipolar.

forums such as Facebook. (Exhibit T, Facebook/Google group posts, attached hereto).

regarding the false investigation.

his evaluations for positive performance had been removed.

particular performance evaluation in order to destroy evidence of a crime committed by a one-

Sullivan's personnel file.

work-related stress stemming from the false internal investigation.

indicated it to be a negative performance evaluation memo.

e-mail and still had the e-mails.

memos, attached hereto).

mails and documents related to these matters.

Executed on:, day of____, 2017.