Lawsuit filed against Augusta County Sheriff Donald Smith seeks $5.3 million
A former Augusta County deputy is suing Sheriff Donald Smith in federal court for $5.35 million amid allegations he created a hostile work environment, violated the former employee's constitutional rights and sent him numerous text messages, some of which were allegedly sexually charged.
The lawsuit was filed by Dennis B. Reynolds, who worked at the Augusta County Sheriff's Office as a deputy and K-9 handler from 2016 to 2023.
"The violations are especially concerning because they were committed by an elected Sheriff who swore an oath to uphold the law but instead weaponized his official authority to retaliate against a subordinate seeking legally protected accommodation," the lawsuit states.
Smith said he could not comment on the lawsuit.
During Reynolds' time at the sheriff's office, the lawsuit says he and Smith exchanged more than 1,100 texts over 107 conversations, with almost 70 percent of them initiated by Smith. "The volume and content of these messages demonstrates the unusual nature of this supervisor-subordinate relationship," says the lawsuit, which also claims Smith "consistently sought personal rather than professional contact with Plaintiff."
According to the lawsuit, in one of the texts, Smith is alleged to have commented on the size of Reynolds' genitalia, and in others he reportedly stated "I love you and just want you to be alright" and "You know I support whatever makes you happy … But I do miss you when I can't talk to you."
One text reportedly showed that Smith invited Reynolds to stay at his Churchville home, and in another the sheriff allegedly told him he could "come cuddle," the lawsuit says.
"Plaintiff was afraid to report this conduct because he feared losing his position or his K-9 partner," the lawsuit states.
The texts would come into question after a vehicle crash involving Reynolds' brother, according to the lawsuit. Following the December 2021 accident in Augusta County, Reynolds reached out to the Emergency Communications Center and told them his brother would handle the accident, and requested that Virginia State Police not be notified.
But after Reynolds' brother determined there was more damage to the vehicle than originally thought, according to the lawsuit, Reynolds contacted state police to report the crash. But in January 2022 during an internal investigation by the Augusta County Sheriff's Office, a trooper learned Reynolds had instructed the ECC not to report the incident, prompting a state police investigation into possible obstruction, the lawsuit says.
During the state police investigation, which cleared Reynolds of wrongdoing, the lawsuit states, a search warrant for his phone was obtained. The lawsuit alleges Smith got wind of the search warrant and instructed Reynolds to delete any communications concerning the crash.
"Defendant Smith further ordered Plaintiff to delete ALL text messages between Defendant and Plaintiff, going beyond just the accident-related communications and extending to their entire message history," the lawsuit states.
Despite Reynolds being cleared, the investigation "created significant stress and anxiety," according to the lawsuit, negatively impacting his mental health. "Moreover, Defendant Smith's directive to delete evidence demonstrated a willingness to obstruct an official investigation and placed Plaintiff at risk of potential criminal liability, creating a profound ethical conflict in their professional relationship," the lawsuit states.
The lawsuit claims Smith was aware of Reynolds' "mental clarity" issues as early as March 2020, when the sheriff signed an Optima Health Referral.
In early 2023, Reynolds was diagnosed with a tumor on his spine. Ultimately, the tumor was not cancerous but Reynolds continued to experience physical pain as well as heightened anxiety, depression, and other mental health symptoms, the lawsuit states.
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By May 2023, Reynolds' mental health condition had intensified to the point where he required accommodations, including time off work to address his health and wellbeing. After requesting additional time off, the lawsuit states he was denied due to staffing needs, reportedly a violation of the Americans with Disabilities Act.
Eventually, Reynolds refused to sign any disciplinary letters and, after speaking with Smith, the lawsuit says he was immediately placed on suspension, turning in his badge, firearm and vehicle.
In July 2023, the lawsuit says Reynolds was reportedly issued an official termination letter by Smith that listed the reason for separation as "resigned." That same day, Smith is said to have submitted a notification of eligibility for decertification to the Virginia Department of Criminal Justice Services. But in January 2024, Reynolds' certification as a law enforcement officer was reinstated on appeal, the lawsuit says.
However, when Reynolds sought employment at the Nelson County Sheriff's Office, the lawsuit says he wasn't hired after being told of a "Brady letter" provided by the Augusta County Sheriff's Office. A Brady letter is a notice sent to law enforcement agencies concerning credibility issues. "Despite the Criminal Justice Services Board's ruling that Plaintiff had not lied and its decision to reinstate his certification, Defendant Smith continued the delivery of 'Brady Letters' to potential employers," the lawsuit states.
In Reynolds' eight count civil lawsuit, he cites disability discrimination, defamation, First Amendment retaliation, a hostile work environment, and Family Medical Leave Act interference and retaliation. He is seeking $5 million in damages and $350,000 in punitive damages.
Reynolds is being represented by attorney Elliot M. Harding of Charlottesville.
The lawsuit was filed May 14 in the United States District Court in Harrisonburg.
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Brad Zinn is the cops, courts and breaking news reporter at The News Leader. Have a news tip? Or something that needs investigating? You can email reporter Brad Zinn (he/him) at bzinn@newsleader.com. You can also follow him on X (formerly Twitter).
This article originally appeared on Staunton News Leader: Former deputy sues Augusta County sheriff for $5.3 million
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