IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE AT GREENVILLE HAROLD LYNN WOLFE, Plaintiff, v, No. _ JURY DEMAND ESCO JARNIGAN, in his individual capacity, Defendant, COMPLAINT COMES the Plaintiff, Harold Lynn Wolfe, by and through counsel and sues the Defendant, Esco Jamigan, in his individual capacity, pursuant to 42 U.S.C. §1983, and for his cause of action, claims and alleges as follows L_PARTIES 1 j, Harold Lynn Wolfe, isa citizen and resident of Hamblen County, ‘Tennessee. 2. The Defendant, Esco Jamigan, was and is the Sheriff of Hamblen County, Tennessee, and Plaintiff's supervisor. He is sued in his individual capacity for actions taken under color of law as Sheriff of Hamblen County, Tennessee. Defendant, Esco Jamnigan, may be served with process at his office at the Hamblen County Justice Center, 510 Allison Street, Morristown, Tennessee, 37814 I JURISDICTION OF VENUE 3. This court has jurisdiction of this cause pursuant to 28 U.S.C. §1331 and 28 U.S.C, §1343, as the instant case is predicated on the violation of Plaintiffs' federal Case 2:08-ev-00010 Document 1 — Filed 01/10/2008 Page 1 of 5 Bd 3N Tezesesezr 1:91 Bpez/Ea/90constitutional rights. Venue is appropriate pursuant to 28 U.S.C. §1391 7 In 1987, Plaintiff was hired by the Hamblen County Sheriff's Department as. a dispatcher. In 1988, he became a certified police officer and was promoted to the position of road deputy/patraiman, In 1994, Plaintiff was promoted to detective, and became Chief of Detectives in 1998 achieving the rank of Lieutenant. Ill, FACTS 5. On December 19, 2000, Plaintiff was involved in a single car motor vehicle accident while driving @ patrol unit. Plaintiff was seriously injured and rendered unconscious from the impact. The motor vehicle accident was investigated by the City of Morristown Police Department. As a result of the investigation, Plaintiff was charged with a DWI, a Class B misdemeanor, by the patrolman that investigated the accident. 6. Plaintiff did not contest the charge, or seek legal representation, Instead, Plaintiff resigned from the Sheriff's Department, plead gully to the charged offense, paid the $500.00 fine arid court costs, and made full restitution to the county for the damage to the patrol vehicle. 7. Plaintiff voluntarily stayed out of law enforcement for over four (4) years. In 2005, Plaintiff reapplied for a job at the Hamblen County Sheriff's Department. He was hired as a correctional officer to work in the Hamblen County Jail, and that is where he is employed today. 8. In 2006, an election was held for Sheriff of Hamblen County, Tennessee, between then Sheriff Otto Perkey, and Defendant, Esco Jarnigan. As he had in the past, Plaintiff supported Sheriff Perkey in that election, and that support was well known to Defendant. In fact, during the campaign, Defendant's literature falsely stated that Plaintiff Case 2:08-ev-00010 Document Filed 01/10/2008 Page 2 of §eevee had been fired by the county when he in fact, resigned and used the Plaintif's motor vehicle accident in 2000 to further his election for Sherif. 9. Defendant was elected Sheriff and was sworn into office September 1, 2008. Since Defendant's election, multiple openings have occurred for the position of road deputy with the Hamblen Gounty Sherif’s Department. Plaintiff has applied for these positions, and consistently scored higher than any other applicant on both the written examination and physical fitness testing. Despite his rating, however, Defendant has wrongfully refused to promote the Plaintiff. As a resul, Plaintiff nas fled grievances with the Hamblen County Sheriff's Department Givil Service Board. 10. On duly 26, 2007, the Hamblen County Sheriff's Department Civil Service Board found that Defendant failed to promote Plaintiff for political reasons and ordered him promoted. Rather than comply, Defendant employed an atlomney and took the Civil Service Board to Hamblen County Chancery Court. By agreed order, the matter was declared null and void and remanded to the Civil Service Board because no record was made of the hearing, Another hearing was held and on September 5, 2007, the Board again found that the Defendant had violated the Civil Service Act by failing to promote Plaintiff, Defendant did not ordec the Plaintiff promoted, as the Defendant stated he would need a waiver from the State of Tennessee's Peace Officer Standards & Training Commission in order for Plaintiff to assume the duties of a patrolman. Defendant is the only one in the Hamblen County Sheriff's Department who can request a Waiver from the State of Tennessee and Defendant informed the Civil Service Board that he was not going to request a waiver for the Plaintiff, despite the fact that one could be easily obtained. As a result, Plaintiff remains employed in the Hamblen County Jail, despite the rulings of the Civil Service Case 2.08-cv-00010 Document 1 Filed 01/10/2008 Page 3 of 5 a 30N 1826! apisT gan2/60/90