A former James City County police officer who shot his sergeant early last year is suing the county and the police department, asserting that he was subjected to numerous sexual advances from the sergeant that he didn’t know how to handle.
In a lawsuit filed in U.S. District Court in Newport News, Michael Trenton Rusk asserts that the James City County Police Department and the county discriminated against him on the basis of sex by allowing the abuses to continue.
Rusk, 26, wants $5.5 million in compensatory damages, as well as $300,000 in punitive damages, plus attorney fees.
The federal lawsuit, filed in June by Williamsburg attorney William Akers, is separate from the criminal case now underway against Rusk.
Rusk is charged with malicious wounding and a gun count after shooting his superior officer, Sgt. Christopher L. Gibson, outside a Scotland Street bar in January 2023. A trial is now scheduled for September in Williamsburg Circuit Court.
Both officers were placed on administrative leave following the shooting. But according to documents filed with the lawsuit, James City County Administrator Scott Stevens fired Rusk in May.
Aside from citing the two pending charges, Stevens’ termination letter said Rusk “refused to answer questions” during an internal investigation into the shooting, and that he “exchanged sexual and racially derogatory images using county-owned devices.”
Gibson, 40, retired May 31, James City County human resources director Patrick Teague said Tuesday. Teague said the retirement was Gibson’s own choice.
Rusk’s lawsuit asserts that James City County and its police department violated his right to be free from workplace discrimination and sexual harassment from Gibson, who was in a managerial role.
“Mr. Rusk has been subject to illegal and intolerable conditions, including statements and other inappropriate and unwanted behaviors from (Gibson) that created an offensive and hostile work environment,” the complaint asserts. “Such behavior and actions were ignored by the Defendants, because Mr. Rusk is a male.”
Instead of stopping the abuse, the complaint contends, the county jailed and fired Rusk. “The Defendants’ conduct has completely ruined Mr. Rusk’s life,” the lawsuit asserts.
James City County Attorney Adam Kinsman and Police Chief Mark Jamison — who became chief several months after the 2023 shooting — did not return calls Tuesday.
“We’re unable to comment on pending litigation,” said Tayleb Brooks, a spokesman for the police department. “We take the allegations very seriously. We are very committed to keeping a safe and hospitable workplace for all of our employees.”
Since Jamison took over as chief, Brooks said, “we have implemented policies to ensure that a lot of changes have been made and that we will move forward in a positive direction.”
Rusk began with the county police department in 2021. Gibson’s opinion of him and his work were vital to Rusk’s chances for advancement, the lawsuit says.
The lawsuit contends that from December 2021 to January 2023, Gibson increasingly made unwelcome sexual advances, to include hand holding, touching, sexual comments and “stalking.”
In September 2022, Rusk suggested to Gibson that they use the Life360 tracking system to keep track of each other, with the lawsuit saying he made that suggestion as a “safety tool.”
But Rusk began feeling stalked when Gibson would show up unannounced at locations both on and off duty. That caused Rusk to remove Gibson as a contact on the app, with Gibson getting upset at the change, the suit says.
Gibson would also track Rusk’s whereabouts by way of a “mobile data computer” installed in the police cars, the lawsuit asserts.
“Mr. Rusk was subject to Gibson’s pervasive and severe attempts to groom an inappropriate romantic relationship and entice a sexual response,” the lawsuit says, attaching a series of hundreds of text messages between the officers.
While Gibson appears to have initiated most of the text exchanges submitted to the court, Rusk did not voice objection to the nature of the discussions.
They exchanged playful banter on songs and lyrics, intermixed with conversation about work, and lots of flirtatious converstation.
“Just a reminder that you’re really attractive,” Gibson wrote on Dec. 7, 2022, with a smiley face emoji. Rusk replies with the “grinning with sweat” emoji, and a blue heart.
When Rusk didn’t show up for a bowling group one day, another court document said, Gibson told him that the only reason he bowls with the group was to see Rusk, according to a letter in the court file from Rusk’s therapist.
In another text exchange, Gibson later offers to bring Rusk’s nicotine dispenser to him, and to “holler … if you want to play.”
Later Gibson refers to himself numerous times as “daddy,” asking, “Coming to see daddy?” and says he’s “having flashbacks to being alone in the church parking lot again.”
Gibson at one point complains about “being ghosted,” saying: “How is it that you’ve been on the way for 30 minutes now?”
“Mikey coming to daddy?? Mikey not,” Gibson said in another text exchange, adding a sad face emoji.
“Awhhhhhh honey, big sad face too,” Rusk responds with a broken heart emoji, explaining how dinner with others took longer than expected.
“Well, there’s always next time,” Gibson responds with a wink.
“Good morning sweetie!” Gibson wrote to Rusk in October 2022. “Just wanted to make sure you have something good on your phone when you woke up,” adding a kiss face and a blue heart emoji.
“Awh, thanks hunny!” Rusk replies, with a kiss face and a heart emoji.
“Come to daddy,” Gibson responds.
Later, when Rusk talks about missing a particular woman’s texts, Gibson gives him some advice: “Leave the few good memories where they belong. In the past. Look ahead to the future … In the meantime, I’ll fill in the blanks.”
When they briefly discuss erectile dysfunction, Gibson tells Rusk he would be “en route to fix … the issue,” saying he wants to ensure that Rusk is “fit for duty,” adding a wink face.
In January 2023, Gibson questions Rusk about being removed from the Life360 app. Though Rusk tells him he’s still on the work version of the app, Gibson appears hurt.
“Why can’t you leave me on personal,” Gibson asks, according to the texts. “I’m mildly offended … I didn’t do anything wrong.”
The lawsuit contends that Rusk’s seemingly willing participation in the texts “are a product of a combination of factors,” including Gibson’s supervisory role, “the control and influence he had over Mr. Rusk’s future within the Police Department,” and the culture of the department.
“Mr. Rusk fell prey to Gibson’s grooming tactics and felt the only option was to appease Gibson,” the lawsuit says. Akers attached a three-page letter from a licensed therapist, Kim Pinto of Healing Project LLC, and outside investigation reports into the department’s culture.
It all culminated on Jan. 24, 2023.
“After taking his subordinate to multiple breweries and bars, Gibson made unwanted advances and began to sexually assault and batter Mr. Rusk relentlessly,” the lawsuit contends. That included blocking him from calling for help and stopping him from fleeing.
That “left Mr. Rusk with no other viable option but to reasonably defend himself, given the circumstances as he perceived them,” the lawsuit asserts.
The lawsuit also cites Rusk’s visit to Gibson’s boss, Lt. G.E. White, in early January 2023 to complain about Gibson.
In a memo that White wrote in April 2023 — three months after the shooting — White recalled that Rusk asked to speak privately in White’s office, telling him “of an uncomfortable situation that was occurring between him and Sgt. Gibson.”
White said Rusk told him that Gibson was “overly friendly and always being near where Rusk was at work,” often backing him up on calls and stops. Rusk also told White about the Life360 issue, saying “he believed that it wasn’t a coincidence” that Gibson would suddenly show up at his off-duty locations.
But White’s memo said Rusk did not want White to speak with Gibson about it, saying Rusk told him he’d talk with Gibson himself. White added that Rusk approached him about a week later and said he spoke with Gibson and that all was well.
The lawsuit denies that Rusk told White that he would handle the situation himself, and denies that Rusk said a week later that all was well. The lawsuit asserts that White “had a duty to report and investigate” Rusk’s complaints under county policy, but “recklessly disregarded” that duty.
When reached on Tuesday, Gibson referred a call to his attorney, Nick Simopoulos of Richmond, who couldn’t immediately be reached.
Peter Dujardin, 757-897-2062, [email protected]
