Bowles v. Macomb Cmty. Coll.

Martin H. Leaf (P43202)

Martin H. Leaf PLLC

Attorney for Plaintiff

Marc M. Susselman (P29481) Co-counsel for Plaintiff

John A. Schapka (P36371)

Peter Jensen (P25001)

Attorneys for Defendants Macomb County and Elizabeth Darga

Paul W. Coughenur (P34335)

Clark Hill PLC

Attorney for Defendant Macomb

Community College

Hon. Robert H. Cleland

Magistrate Kimberly G. Altman

PLAINTIFF'S TRIAL BRIEF

On December 4, 2019, Elizabeth Darga, Macomb County Undersheriff, sent an email to Gretchen Galloway, an employee of the Michigan Commission On Law Enforcement Standards who was conducting an investigation of the Plaintiff with respect to accusations that he had engaged in improper sexual harassment of police cadets, stating: I am requesting a copy of your completed investigation into the misconduct committed at the Macomb Police Academy. It has been almost five months since you interviewed our employees. Our employees who were mistreated/victimized by MCOLES certified instructor Glen Bowles deserve an explanation of the findings by your agency.” This statement by Darga was an affirmative statement to a third party that Plaintiff had “mistreated/victimized” police cadets who were employees of the Macomb County Sheriff's Department. The statement was false and clearly defamatory. Since the statement alluded to allegations that Plaintiff had engaged in physical sexual harassment of some cadets, it accused Plaintiff of a crime, and therefore constituted libel per se, in which case economic damages are presumed. Darga made the statement with malice and with reckless disregard for the truth, entitling Plaintiff to recover both exemplary and punitive damages.

When Darga made the statement in her capacity as Undersheriff for the Macomb County Sheriff's Dept. she made the statement as a chief policy making office for the Dept., thereby rendering her employer, Macomb County, liable for her defamation. In addition, Darga testified at her deposition that the Chief approved of everything she did, thereby making the County directly liable for her defamation of Plaintiff. The defamation violated Plaintiff's right to substantive due process under the 14^th Amendment.