Dodson seeks injunction

By ANDY HOGUE, Register Staff Writer

February 22, 2008 02:10 pm

A candidate for County Commissioners Court filed a lawsuit seeking an injunction Thursday afternoon hoping to stop what he considers to be an effort to malign his character.
“We’re just trying to promote open government and free elections,” said Johnny Brown, attorney for Wayne Dodson, candidate for Precicnt 1 Commissioner.
Gary Hollowell is the incumbent in the race, which appears on the Republican ballot in northeastern Cooke County. No Democrat filed for the office, meaning the winner of the March 4 Republican primary becomes the next Precinct 1 Commissioner in January 2009.
The suit seeking an injunctive relief is, basically, a request for a “gag order” to be issued from the 235th District Court.
The suit also seeks monetary damages, but the money won would be donated to a local charity.
Those named in the suit — Billie Jean Knight, Shelly Saunders and Mary Carlile — declined to comment on previous occasions.
According to Sunday’s Register, Knight, who is unopposed in her bid for re-election for Tax Assessor-Collector of Cooke County, reported to the Gainesville Police Department she was poked with a finger and bruised at the Cooke County Courthouse on Feb. 1. The offender was not named in the report, and the finger was listed as a “personal weapon.” No arrest was made and an investigation on the simple assault charge is still pending.
Dodson said in an interview he believes Knight charged him with the poking. Dodson denies the incident occurred.
A request for mandatory investigation of criminal conduct filed by Brown says on Jan. 28, Dodson tapped Saunders on the shoulder to ask for a copy of a report at issue during the meeting. Saunders reportedly told Dodson to “never touch her again,” the request stated. It is unknown if Saunders pursued any charges against Dodson. Saunders declined to comment when asked about the accusation Friday.
The request for mandatory investigation also said Carlile escorted Dodson out of her convenience store on the morning of Jan. 26 and that she refused to allow him to argue politics in her store, the City One Stop in Callisburg. Carlile declined to comment when interviewed Saturday.
Dodson’s lawsuit seeks:
• Monetary damages “only to deter future misconduct by these defendants or others similarly situated; any such damages will be given to a deserving charity of plaintiff’s choice,” and attorney’s fees.
• Immediate injunctive relief, meaning defendants, their agents, servants and employees must stop “demeaning the good name and character of the Plaintiff (Dodson).”
• A permanent injunction, “enjoining defendants, their agents, servants, and employees, directly or indirectly from making any further statements orally or in writing, in public or private, regarding the outlandish accusations of assault, or any statement demeaning the good name and character of the Plaintiff, for all time.”
• A hearing for evidence.
A portion of the injunction reads as follows:
“The harm committed by the tortuous and slanderous accusations of persons known and unknown against Wayne Dodson has caused and will continue to cause great harm unless the Court intervenes with immediate injunctive relief against the Defendants named herein. Wayne Dodson, a man who has never been arrested or charged with a crime during the 72 years of his life, has, within the last month, been the victim of slanderous allegations of assault by three females, all named herein as Defendants, although independent investigation indicates that these complaints are of suspicious origin and credibility. Coincidentally, two of these complaints have been filed by public officials (Billie Jean Knight and Shelly Saunders) at the courthouse, and through information and belief it is known that they may be politically aligned with Defendant Gary Hollowell.”
Hollowell was contacted Thursday and said he knew nothing about the situation other than what is printed in the newspaper.
The suit continues: “... As a direct and proximate result of the defendant’s false and defamatory statements, the plaintiff has endured shame, embarrassment, humiliation, and mental pain and anguish. Additionally, plaintiff has and will in the future be seriously injured in his business reputation, good name, standing in the community, and will be exposed to the hatred, contempt, and ridicule of the public in general as well as of his business associates, clients, friends, and relatives. Further, plaintiff’s bid for commissioner’s court has been seriously damaged, and may in fact by irreparably harmed if the defamatory statements as alleged herein lead to his defeat in the local election. Consequently, the plaintiff seeks actual damages in a sum within the jurisdictional limits of this court, and injunctive relief as set forth more particularly below.”
The suit said Dodson could lose the election because of the charges.
Brown also filed an open records request to various local government agencies seeking information on charges made against Dodson.
In an open records request, Brown asked for “any and all information, statements, police reports, investigative notes, or any other document or information related to these ‘charges’ and any investigation conducted by (their) respective offices.”

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Photos


Wayne Dodson speaks while Gary Hollowell waits his turn at a recent League of Women Voters forum in Gainesville.