County, Youngblood have until Aug. 22 to reply to lawsuit
Published: August 20, 2008
BY AMY CONDRA
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The County of Goochland, and Building and Grounds Superintendent Cecile H. Youngblood, have until Aug. 22 to respond to a civil suit filed by David F. Ligon III on Aug. 1.
Ligon’s complaint claims that on Mar. 11 he was unfairly fired by Youngblood after complaining, first to Commonwealth’s Attorney Claiborne H. Stokes Jr. and then to the Sheriff’s Department, about his supervisor’s alleged misuse of county resources.
The former county employee is seeking a total of $850,000 in compensatory damages and $750,000 in punitive damages from the County of Goochland and Youngblood.
According to the suit, Ligon, who is being represented by attorney James B. Thorsen, claims that his termination has caused “financial, emotional, mental, physical, reputational, employment and/or other special damages, including but not limited to, punitive damages, by the intentional, willful, negligent and malicious actions of Youngblood.”
In addition to these damages, Ligon is seeking reinstatement, with the same seniority status, as a Labor III in the Buildings and Grounds Department, as well as two times the amount of his back pay, interest on the back pay and attorney fees.
The suit claims that he is entitled to damages under The Virginia Fraud Against Taxpayers Act (VFATA), which went into effect in 2003. VFATA states that any employee who is discharged or discriminated against by his employer because he has initiated a fraud investigation is entitled to “all relief necessary to make the employee whole.”
According to his suit, Ligon complained to authorities that Youngblood asked county employees to work on his personal property, that county-owned property is currently in Youngblood’s possession, and that Youngblood allowed county employee Larry Hicks to work on his own equipment on county time and property.
Sheriff James L. Agnew says that an investigation of Youngblood’s alleged misuse of county resources did not turn up any evidence of criminal activity.
But according to Thorsen, it no longer matters whether the accusations are proved true or not.
“Under the VFATA, we don’t have to prove Ligon’s claims about what he thought was going on,” he said. “The Act prevents him from being retaliated against when he tried to go to authorities.”
Jim H. Guynn Jr., counsel for Youngblood and co-counsel, along with County Attorney Andrew R. McRoberts, for the County of Goochland, said that the Act is so new it is difficult to find cases when it’s been used.
When asked about this suit, Guynn said, “It’s just so early, so we can’t make a prediction.”
“We will do our best to get it dismissed as soon as possible,” he added.
Guynn, who is based in Salem, was appointed by the Virginia Association of Counties Group Self-Insurance Risk Pool, which provides property and liability insurance for counties, county school systems and county-related agencies throughout the state.
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