Bevill vs. City Of Quitman, Texas et al
Case Background
On June 3, 2019, Plaintiff Terry Bevill filed a Wrongful Termination lawsuit in the United States District Court, Texas Eastern(Case number: 4:19cv406). District Judge Amos L. Mazzant, III presided over the case.
Cause
In 2017, Terry Bevill, a captain in the Quitman Police Department in Texas, faced retaliation after exercising his First Amendment rights. He signed an affidavit supporting a change of venue for David McGee. McGee was a former Wood County jailer charged with facilitating an inmate escape and tampering with government records. Bevill believed that pretrial publicity and personal ties among Sheriff Tom Castloo, District Attorney Jim Wheeler, and Judge Jeff Fletcher would prevent a fair trial
In his affidavit, Bevill stated that the court expedited McGee’s trial unusually fast. He noted that the political climate in Wood County would bias the proceedings. Having served honorably in law enforcement for many years, Bevill felt it was his duty to ensure justice was served fairly. He believed this even if it meant speaking against powerful local figures. After he submitted his affidavit, Wood County officials retaliated against him. They placed him on administrative leave and ultimately terminated him from the Quitman Police Department. Under pressure from Wood County officials, the City of Quitman claimed his termination was based on policy violations. However, Bevill argued it was retaliation for his testimony.
After his termination, Bevill was arrested and charged with aggravated perjury, a felony, further hindering his ability to work in law enforcement. The charges were eventually dismissed after 16 months when a grand jury found insufficient grounds for prosecution.
Injuries
Bevill suffered severe emotional distress, personal humiliation, and mental anguish due to the retaliatory actions against him. His professional reputation suffered, and he struggled to find stable employment in law enforcement because of the aggravated perjury charges. Additionally, Bevill lost his health insurance, significantly impacting him and his sick wife.
Damages
Bevill faced significant financial hardship from the loss of his job, his arrest, and the prolonged resolution of the aggravated perjury charge. He was unable to find meaningful employment and had to sell personal property to make ends meet. Bevill sought compensatory and punitive damages for the harm inflicted upon him, including lost income, emotional distress, and damage to his personal and professional reputation. He also sought punitive damages specifically against Sheriff Castloo, DA Wheeler, Mayor Dobbs, and Judge Fletcher for their malicious actions in orchestrating the retaliation campaign against him.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Terry Bevill
- Counsel for Plaintiff: Jody Leigh Rodenberg| Rebecca Neumann | Robert R. Swafford | Sean Joseph McCaffity | Laura Benitez Geisler
- Defendant(s):City of Quitman, Texas | Tom Castloo, Wood County Sheriff | David Dobbs, City of Quitman Mayor | James “Jim” Wheeler, Former Wood County District Attorney | Jeffrey Fletcher | Wood County, Texas
- Counsel for Defendants: Lance Vincent| Douglas Alan Ritcheson | Grant David Blaies | Robert Scott Davis | Robin Hill O’Donoghue | Jeffrey Fletcher | William David Wassdorf
Key Arguments or Remarks by Counsel
“The evidence clearly showed that a longtime and respected police officer was fired in retaliation for stating an opinion,” said Bevill’s attorney, Laura Benitez Geisler from the Dallas law firm of Sommerman, McCaffity, Quesada & Geisler. “Every subsequent action taken demonstrated the truth supporting that opinion, and that due process could be manipulated to fit the bias and whims of these officials. We’re pleased the jury has compensated Mr. Bevill for the emotional and reputational damage he has suffered.”
Claims
Terry Bevill filed a lawsuit under 42 U.S.C. § 1983 and 42 U.S.C. § 1985(2) against the City of Quitman, Wood County, and several prominent officials. These officials included Sheriff Tom Castloo, District Attorney Jim Wheeler, and Judge Jeff Fletcher. His claims are based on the argument that these officials conspired to retaliate against him for exercising his First Amendment rights. He provided testimony in the form of an affidavit supporting a venue change for David McGee.
Bevill contends that his wrongful termination from the Quitman Police Department was not due to any legitimate policy violations. Instead, it was a direct response to his affidavit, which called into question the integrity of local officials. The City of Quitman, under Mayor David Dobbs, fired Bevill after being pressured by Wood County officials. They threatened to withhold essential resources unless he was terminated. This concerted effort to punish Bevill for his protected speech violated his constitutional rights under the First and Fourteenth Amendments.
Moreover, Bevill alleges that the aggravated perjury charge was part of the retaliatory scheme. He claims it was designed to tarnish his reputation and prevent him from working in law enforcement. The 16-month delay in bringing the charge before a grand jury is evidence of the defendants’ intent to prolong his suffering. During this time, Bevill remained under the cloud of a felony indictment.
Defense
The defense claimed that the City of Quitman and its officials, including Mayor David Dobbs, denied all allegations of retaliation made by Terry Bevill. They acknowledged that Bevill served as a police captain and signed an affidavit supporting a motion to change venue for David McGee. However, they denied that his termination was retaliatory. The defense argued that officials placed Bevill on administrative leave and ultimately fired him for violating police department policies.
The defense denied any conspiracy to retaliate against Bevill or any violations of his First or Fourteenth Amendment rights. They rejected the notion that they engaged in conduct justifying claims under 42 U.S.C. § 1983 or § 1985(2). Additionally, the City of Quitman requested the court dismiss the claims against the Quitman Police Department, arguing that it is not a separate legal entity capable of being sued. They claimed qualified immunity for Mayor Dobbs and asserted that no unconstitutional policies led to Bevill’s termination.
Jury Verdict
On September 19, 2024, the jury found that all four defendants—Tom Castloo, James Wheeler, Jeffrey Fletcher, and David Dobbs—acted with malice or reckless indifference toward Terry Bevill. Consequently, the court held them liable for both compensatory and punitive damages. The total damages awarded by the jury amounted to $21,350,000 ina Wrongful Termination lawsuit, broken down as follows:
Compensatory Damages for his termination:
- Impairment of reputation in the past – $5,000,000
- Impairment of reputation in the future – $1,000,000
- Personal humiliation in the past – $5,000,000
- Personal humiliation in the future – $1,000,000
- Mental anguish and suffering in the past – $5,000,000
- Mental anguish and suffering in the future – $1,000,000
Punitive Damages against the defendants:
- Tom Castloo – $750,000
- James Wheeler – $1,000,000
- Jeffrey Fletcher – $1,500,000
- David Dobbs – $100,000
Court Documents:
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