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Former Loudoun detective files appeal in lawsuit against Sheriff Chapman

Former Loudoun detective Mark McCaffrey, who lost a $6.35 million lawsuit against Loudoun County Sheriff Mike Chapman (R) and the Loudoun County Board of Supervisors, filed an opening brief with the U.S. Court of Appeals for the 4th Circuit in Richmond Monday to appeal the ruling.

According to McCaffrey's attorney, Robert Cynkar, Chapman and the Board of Supervisors have until Dec. 27 to file their brief in the appeal. McCaffrey will then be required to submit a reply within a two week period.

Cynkar estimated arguments before the court could be heard late February or early March.

McCaffrey's multimillion-dollar lawsuit was dismissed by Judge Anthony Trenga on Oct. 12.

A hearing at the U.S. District Court for the Eastern District of Virginia in Alexandria on Oct. 6 centered around Chapman and the Board of Supervisors' motion to dismiss the suit, along with a separate motion for summary judgment filed by Cynkar.

But on Oct. 12, Trenga ordered that Chapman's motion to dismiss the case and the county's motion to also dismiss the case be granted. McCaffrey's motion for partial summary judgment was therefore denied. 

“The law in this circuit is clear that sheriffs in Virginia have the right to lawfully terminate their deputies for political affiliation reasons,” Trenga said in the Oct. 12 memorandum explaining his decision to dismiss the case. “McCaffrey's position in the LCSO was partisan,” he wrote.

The original lawsuit was filed in July after McCaffrey claimed he was wrongfully terminated from his position after supporting Chapman's Republican primary election challenger for sheriff in 2015, Eric Noble. The former LCSO detective said his termination violated the U.S. and Virginia constitutions.

The Loudoun County Sheriff's Office says McCaffrey was not terminated, but "simply not rehired" at the beginning of Chapman's second term.

The suit sought compensatory money damages against all the defendants of $3.5 million, punitive damages against Chapman of $2.5 million for an alleged federal constitutional violation and $350,000 for the state constitutional violation, which is capped by Virginia law.

The county and the Board of Supervisors were joined in the lawsuit because the board entered into a cooperative agreement with the sheriff, a local constitutional officer, in which the board assumed county responsibility for the personnel actions of the sheriff and adopted rules that apply across the board to protect the constitutional rights of county employees and employees of the sheriff’s office.

The board, McCaffrey alleged, did nothing to enforce the rules to keep McCaffrey from being fired out of retaliation.

Trenga disagreed and his decision to dismiss McCaffrey's case against the county was referenced in a footnote.

“Because there has been no infringement of McCaffrey’s constitutional rights, state or federal, the court need not consider whether the complaint adequately pleads municipal liability for its claim against the county defendants or whether the cooperative agreement renders the county defendants liable for Chapman’s actions.” 

Comments


Seems McCaffrey is related to Virginia SGP - H-Bent on wasting County resources in endless suits.


I don’t know the details here but there is an interesting argument to make that an elected official uses the “machinery of government” to retaliate against speech about a public concern. That doesn’t mean that McCafrey has a right to employment after criticizing his boss publicly. However, attempts to bar employment outside that office as a private citizen using the power of gov’t might have merit. Problem for McCaffrey is his lawyer. Res judicata prevents him from making a new claim outside the employment claim. (I might need to review the complaint/appeal but you lose forever any claim you didn’t raise).


Chapman is a snake and a known liar. Only cares about how he looks to the public.  Doesn’t care about the public’s safety. That can be seen in how he screwed up staffing and left residents protected by less than minimum staffing levels.  He needs to be removed from office and get a real sheriff that’s qualified to be sheriff in office. Maybe newspaper should interview the people from DEA and find out real reason Mike Chapman retired.


Mark McCaffrey should go away… Quit spending MY taxpayer money on your BS!!


Become a Deputy with a Virginia Sheriffs Office and you get to give up your constitutional rights…..

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