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Federal complaint accuses Brevard leaders of retaliation, violating officer’s rights

By Jennifer Emert

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    BREVARD, North Carolina (WLOS) — The Southern States Police Benevolent Association (PBA) has filed a civil complaint in the United States District Court for the Western District of North Carolina against the city of Brevard, its Police Chief Thomas Jordan, and City Manager Wilson Hooper.

The complaint is a result of what the law enforcement association calls the retaliatory firing of Sgt. Wilson Bunn.

In August 2024, Sgt. Bunn, an officer at the Brevard Police Department and a PBA member, contacted the organization for legal advice about evidence, including narcotics items, he claimed were missing from the Brevard Police Department’s evidence room. Concerned that BPD was not taking the issue seriously, he contacted the PBA for advice on his obligations to report missing evidence to the appropriate authorities.

PBA said it provided counsel and contacted the Brevard city attorney to notify him of the concern about the missing evidence.

The complaint claims Chief Thomas Jordan became aware that Sgt. Bunn had discussed the missing evidence with his counsel and was angered.

“In retaliation, Chief Jordan locked Sergeant Bunn out of the BPD’s systems, had him escorted from BPD’s property by an armed officer, and, upon information and belief, took steps to scapegoat him for the missing evidence,” the complaint read, in part.

Sgt. Bunn reported the conduct to his counsel and the PBA.

The PBA said it sent a letter to Brevard City Council notifying it of the missing evidence and retaliation against employees, including Sgt. Bunn. The PBA followed up by appearing at a public meeting of the Brevard City Council and asked it to take action to investigate the alleged misconduct at BPD. The complaint said despite the PBA twice petitioning the government of Brevard to redress Sgt. Bunn’s grievances, the chief placed Sgt. Bunn under investigation and on administrative leave.

According to the complaint, during the ensuing internal affairs investigation, BPD ordered Sgt. Bunn, under threat of termination, to reveal information protected by the attorney-client privilege. Sgt. Bunn claims he did so “under duress.”

“The true cause for Sergeant Bunn’s discipline was (1) Sergeant Bunn’s speech directed to the PBA and his counsel, (2) the PBA’s advocacy for Sergeant Bunn, and (3) Sergeant Bunn’s association with the PBA—not any alleged misconduct. Indeed, this fact was confirmed by the City’s outside counsel,” the complaint claimed.

The city terminated Sgt. Bunn based on the following, “His privileged communications with his personal counsel, his efforts to bring potential misconduct to the City’s attention, his association with the PBA, and the PBA’s constitutionally protected advocacy.”

The complaint claims, not only did the chief terminate Sgt. Bunn, he also attempted to have his occupational certification revoked. A false claim was made that Sergeant Bunn, “among other things, removed a jar of marijuana from the evidence room.” According to the PBA’s claims, “the occupational standards panel rejected these allegations of misconduct against Sergeant Bunn.”

David Rose, president of the North Carolina Division of the Southern States PBA said, “It is essential that public employees be able to speak freely on matters of public concern without fear of retaliatory dismissal.”

“We have never before witnessed such egregious violations of state, federal, and constitutional law against a law enforcement officer by government officials. Such actions cannot stand if our police officers are to perform their sworn and lawful duties,” North Carolina PBA executive director, John Midgette, said in the complaint.

The 44-page complaint requests a jury trial and that Sgt. Bunn be awarded damages and attorney fees and that the defendants violated the PBA’s rights.

A summons to the city of Brevard, Wilson Hooper and Thomas Jordan was issued electronically, notifying them of the complaint. None have responded yet to the complaint.

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