Businessman sues Floyd County, Magistrate Court judges

A Rome businessman is suing Floyd County and two Magistrate Court judges in federal court in connection with his jailing on contempt and theft of service charges in a civil case last year.

Thom Holt, owner of Coosa Valley News, is contending Chief Magistrate Gene Richardson and Magistrate Judge Crystal Burkhalter violated his constitutional rights to due process while operating “a de facto debtors prison.”

He’s seeking $5 million in damages from the incident, which started in early 2017 when Midian Roofing, Inc. was trying to collect on a bill Holt owed the company.

A response from Floyd County filed last week states that the court is a separate entity created by the Georgia Constitution and asks for Holt’s claim to be dismissed.

“There is no law giving Floyd County authority or control over the Magistrate Court,” the document states.

It also claims sovereign immunity and asks that Holt be ordered to pay the county’s attorneys fees “and appropriate expenses.”

In a separate filing, Burkhalter and Richard deny Holt’s allegations. They contend they were acting in good faith within the scope of their duties as judges.

“Any and all injuries alleged to have been sustained by Plaintiff were and are the result of Plaintiff’s own actions and conduct,” the response states.

The judges also raise several legal issues based on Holt’s suit filed in Floyd County Superior Court in July 2017. They cite precedents they say bar the new lawsuit because the matter has already been settled and the U.S. District Court for the Northern District of Georgia can’t act as a court of appeals for a state court.

Holt’s filing disagrees, stating that the complaint for damages “poses various federal questions and therefore this Court has appropriate subject-matter jurisdiction.”

The suit stems from a series of Magistrate Court actions where Midian Roofing was attempting to collect a $3,092.90 judgment against Holt for unpaid work at one of his rental properties. The business tried to garnish Holt’s wages but Coosa Valley News claimed Holt drew no salary.

When Holt missed a court date — and provided his business address instead of his home address — Burkhalter issued a bench warrant for his arrest on a charge of theft of services and sentenced him to 10 days in jail for contempt of court.

The felony theft warrant included the condition that his $10,000 bond must be posted in cash.

Richardson later changed the terms to allow a property bond, and allowed Holt to purge the contempt charge by paying Midian in full. However, Holt contends that the court imprisoned him for debt — a violation of the 4th, 5th and 14th amendments to the Constitution.

Holt is also claiming damages of cruel and unusual punishment, stating he was “intentionally demeaned publicly for his indebtedness” when he had offered to work out a payment plan.

“Plaintiff has sustained actual damages,” the suit states. “Specifically, plaintiff and his family have been publicly shamed and demoralized ... Plaintiff has lost credibility in his business dealings ... In all likelihood, Plaintiff has forever lost his ability to seek public office ...”

The filing states Holt had aspired to one day be nominated or elected to the Georgia Public Service Commission.