After a judge dismissed former Purcellville Police Officer Kristopher Fraley’s multimillion-dollar lawsuit against the Town of Purcellville last month, Fraley has refiled his complaint with the U.S. Eastern District Court of Virginia. He is seeking nearly $12 million in damages.
Fraley’s suit names the defendants as: the Town of Purcellville; former Town Manager Alex Vanegas; human resources consultant Georgia Nuckolls; former Acting Purcellville Police Chief Joe Shroeck; former Purcellville police officer Clark McDaniel; Daryl DeBow, owner of Nova Poly, or Northern Virginia Pre-employment and Polygraph Services; and Nova Poly.
In May, the court found that all of Fraley’s 13 counts were without merit and failed to state any claims under Virginia or federal law.
According to town officials, the town and other defendants moved to dismiss all of the claims as unfounded and improper.
Fraley originally filed a $9.1 million lawsuit on Sept. 19, 2019, in Loudoun County Circuit Court. The case was later moved to U.S. Eastern District Court of Virginia at the request of both parties, and Fraley refiled his case adding several counts to the lawsuit seeking a total of $17 million.
Fraley, who had 30 days to refile his claim, did not wish to comment on the refiling.
Purcellville Town Manager David Mekarski told the Times-Mirror he respects the right of any employee to exercise their rights to try to resolve any disagreement or dispute that they have.
“I know the character of Kris Fraley, and I believe Kris would respect my obligation and the town’s obligation to dispute these allegations. Both parties will continue to process this through the legal venue of the courts and will obviously respect the final action of the judge,” Mekarski said.
In the new complaint, Fraley declines to refile four counts in the previous lawsuit: statutory compensatory; tortious interference with employment contract; violation of 14th Amendment — property interest; and municipal/supervisory liability.
For the remaining nine counts, Fraley seeks $1 million in compensatory damages and $350,000 in punitive damages for all but one count.
Fraley was placed on leave in October 2017 and reinstated Aug. 1, 2018, at the conclusion of the investigation in question. He reportedly attempted to expose rumors being spread about Purcellville Police Chief Cynthia McAlister by Purcellville officers.
Fraley’s filing outlines a series of alleged actions taken by the co-defendants to “maliciously, improperly and without cause” damage the reputation of Fraley during the purported scheme.
Fraley has since left his position with the Purcellville Police Department to pursue other opportunities.
In January, a $16 million lawsuit filed by Purcellville Police Chief Cynthia McAlister against the Town of Purcellville was settled out of court, according to McAlister’s attorney, Jacqueline Kramer of Westlake Legal Group in Sterling.
Another town employee who had threatened a lawsuit as a result of the McAlister investigation has also settled with the town, according to Mekarski.