Pope claims his firing was politically motivated
Claiming that he was fired for politically-motivated reasons, former Sussex County Deputy Sheriff Kirk Pope has threatened to sue Sussex County unless they pay him $1 million in damages. Pope’s lawyers, Thomas and Stephen Neuberger, fired off a letter and draft complaint to members of Sussex County Council and Sheriff Eric Swanson on Tuesday, charging that Swanson had violated the U.S. Constitution when he fired Pope in December of 2006.
The complaint also released to the media this week alleges that Pope was fired because he ran against Rep. Pete Schwartzkopf (D-14th), in the 2006 election and supported Republican incumbent Sheriff Robert Reed in his failed campaign against Swanson in November. Schwartzkopf is described in the complaint as a “close friend and mentor” of Swanson’s.
“It is apparent that under your leadership the Sussex County Sheriff’s Office lacks any basic understanding of history or the U.S. Constitution,” the letter sent by Pope’s attorneys reads. “You think that you are above the law, but you will soon discover that you are not. You will learn the meaning of philosopher George Santayana’s famous words — ‘Those who do not remember the past are condemned to repeat it.’”
In the letter, Pope, who had worked as a sheriff’s deputy for more than five years, gave the county two months to pay the $1 million in damages or his attorneys will file suit against Swanson and the county in federal court.
Barry Willoughby, an attorney who represents the county on employment issues, said the county will not pay the settlement demand or offer a counter-settlement. Reached at his Wilmington offices in the firm of Young, Conaway, Stargate and Taylor on Tuesday, Willoughby said the complaint was “full of hot air” and baseless.
“When people elect a public official to a position, they do so because that person has a vision. It’s certainly not unusual or even noteworthy for a newly elected public to make changes in management to implement their vision,” Willoughby said. “Sheriff Swanson replaced the two top individuals in order to improve the operations of the department. It had nothing to do with political affiliations.”
In the complaint, Pope alleges that soon after the November election, Swanson told him that he would be fired because he was “loyal” to Reed. That complaint also alleges that Pope had been “blackballed” by Schwartzkopf, who had “put the word out against him.” Swanson did not immediately return calls seeking comment.
“None of that is true,” said Schwartzkopf, who served in the state police with Swanson and considers the sheriff a friend. “I did have conversation about Pope with (Swanson). I told Eric, ‘Don’t do anything for me.’ I feel sorry for (Pope). He got used. I think the Republican Party used him. I think Bob Reed used him. I stayed out of it. I do know that any decisions that were made were made with legal advice.”
Pope’s attorneys offered comments in the letter attached to the draft complaint.
“It is not yet too late for the County Council to rein in this renegade public official,” attorney Stephen Neuberger said, “before the taxpayers have to foot the bill for his lawlessness.”