Suit: Wife’s posts hurt deputy’s promotion
A former deputy has sued Sheriff Charmaine Mcguffey claiming he was passed over for a promotion due to his wife’s social media activity and a single comment he made.
Jason Davis and his wife, Jennifer Davis, filed suit in U.S. District Court in Cincinnati Monday against Mcguffey, the chief deputy sheriff Jay Gramke and Hamilton County.
The couple argues they were retaliated against over protected speech and that ultimately Jason Davis was forced to resign after more than 20 years with the sheriff ’s office.
Sheriff Mcguffey issued a statement Monday in response to the lawsuit.
“We look forward to having our lawyer represent us in this lawsuit because so much of it is untrue,” Mcguffey wrote. “That is the only comment we have at this time regarding the pending litigation.”
The social media activity
According to the lawsuit, Jennifer Davis made a post on social media in 2020 in response to Mcguffey saying COVID-19 was her top priority. Davis’s post said officer safety and suicide prevention should be a top priority because line-of-duty deaths and suicides were claiming the lives of more officers than the virus.
“This person is nothing more than a politician and is nowhere near qualified to be sheriff,” Jennifer Davis wrote. She went on to use a vulgar insult to describe people who voted for Mcguffey because of her political party or “thought it would be neat to see a gay woman as sheriff.”
The lawsuit also states that the sheriff’s office warned deputies that they and their families should not interact with specific Facebook pages critical of the sheriff. Jennifer Davis “liked” some posts on those pages.
In 2022, Jason Davis organized a “Remember the Fallen” sporting event and reached to the sheriff’s office administration about supporting the event, but never got a response, the lawsuit states.
After the event, in response to a question of social media, Jason Davis wrote: “our department didn’t support it. No county items were used to advertise this game. Flyers were taken down from briefing rooms.”
The possible advancement
In 2022, Jason Davis applied for a position in the Regional Enforcement Narcotics Unit, which would have meant for overtime pay and other benefits. That year, he also tested for the position of corporal.
In early 2023, he was told he had been selected for the narcotics until, but then an hour later was told Gramke had overridden the decision, according to the lawsuit.
In July of that year, the lawsuit states he was next in line for the corporal promotion, but heard rumors that he would never get it. At that point, Jason Davis asked for a meeting with Sheriff Mcguffey and Gramke, the lawsuit states.
The meeting with the sheriff
The meeting happened in October, according to the suit.
“Gramke and Mcguffey stated that they had issues with Jason’s social media post in May 2022, but more significantly, they had issues with Jennifer’s social media posts that were critical of the Sheriff,” the lawsuit states.
Jason Davis said the pair told him there had to be consequences for the social media post and told him he needed to cut loose the people in his life holding him back, which he interpreted as a suggestion he should divorce his wife.
“Gramke then added that he heard nothing but good things about Jason’s performance from his supervision, demonstrating that the only reason for the RENU assignment denial and failure to award him the promotion was the social media activity,” the lawsuit states.
What’s next
The lawsuit argues that the actions of the sheriff and Gramke made working conditions for Jason Davis “so bleak, difficult, and unpleasant” that it constituted a “constructive discharge.” That’s a legal term that means, in part, any reasonable person in his position would have felt compelled to resign.
He resigned Jan. 9 and has since been hired at another law enforcement agency at a lower pay rate.
The lawsuit argues the First Amendment rights of the Davises were violated and they have suffered financially as personal humiliation and mental distress. The couple is seeking damages of more than $150,000.
The case has been assigned to U.S. District Court Judge Michael Barrett. Hearings in the case have not yet been scheduled.