ELECTRONICALLY FILED 9/22/2011 3:59 PM CV-2011-900385.00 CIRCUIT COURT OF CALHOUN COUNTY, ALABAMA TED HOOKS, CLERK
IN THE CIRCUIT COURT OF CALHOUN COUNTY, ALABAMA JOHN SPAIN, VS.
Plaintiff,
GENE ROBINSON,
Defendant.
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CIVIL ACTION CASE NUMBER: _______________________________
COMPLAINT PARTIES
1.
John Spain (“Spain”) is an adult resident of Calhoun County, Alabama, the vice
2.
Gene Robinson (“Robinson”) is an adult resident of Calhoun County, Alabama
mayor of the city of Anniston, Alabama, and a member of the Anniston City Council. and is the mayor of Anniston, Alabama. 3.
FACTS
On Tuesday, September 13, 2011, Spain and Robinson were in attendance at
a meeting of the Anniston City Council. Immediately upon the conclusion of Spain’s comments on the lack of decorum of that meeting, and the failure of Robinson to do his job of preserving decorum, Robinson leaned back in his seat so that he could look at Spain.
Robinson began to utter comments to Spain urging Spain to go out and fight, such as
“coward,” “chicken,” etc. Spain tried to ignore Robinson, but Robinson became louder and
more belligerent. Spain knew he had to leave the council chamber to avoid a serious incident. Spain got up from his chair and went into the hallway near his seat. Robinson followed Spain closely and as Spain turned right into the old council chamber, Robinson
pushed Spain from behind. As Spain turned, Robinson hit him on his left arm. At that
moment, Spain knew that he had to control Robinson to prevent further harm to himself.
He reached with both hands for Robinson’s jaws and pushed him back into the hall and into the hall wall. A policeman then entered the hall and tackled Spain, where he landed on the
floor. Spain never choked Robinson, nor did he hit him with his fists, hands or anything
else.
Spain’s actions against Robinson were strictly an effort to control Robinson’s
aggression and to protect himself. 4.
The foregoing incident was the culmination of a long series of abuse and
harassment of Spain by Robinson. Robinson has continually during the last two years used profanity against Spain and threatened to do violence to Spain as they came together to
work on the city council and related matters. Spain has attempted to avoid conflict to the
point of staying away from Anniston City Hall except for scheduled meetings of the city council so that he could avoid being in Robinson’s presence. Nevertheless, when he next saw Robinson, the harassment would start again. Robinson had never physically attacked Spain until the above-referenced incident.
CAUSES OF ACTION COUNT ONE
5.
Plaintiff adopts the allegations of paragraphs one through four as if fully set
6.
Spain alleges that Robinson engaged in a series of verbal threats and abuse
forth herein.
on September 13, 2011 and then engaged in an assault and battery on Spain. Spain sustained an injury to his arm where he was struck by Robinson COUNT TWO
7.
forth herein.
Plaintiff adopts the allegations of paragraphs one through six as if fully set 2
8.
Spain avers that Robinson has constantly harassed and attempted to
intimidate him since at least October, 2009 to inflict emotional distress on Spain. Robinson has engaged in threatening Spain and attempting to intimidate Spain as a part of a program to coerce Spain into supporting the public policy positions of the mayor with regard to the government of Anniston, Alabama.
Robinson pretended to be supportive of Spain,
including supporting Spain’s election as vice mayor. However, as soon as Robinson and Spain began to differ on issues regarding government of the city of Anniston, Robinson
began his campaign of intentional infliction of emotional distress on Spain. The conduct of
Robinson has proximately resulted in severe emotional distress to Spain and Spain alleges that he is entitled to a judgment against Robinson for compensatory damages and punitive damages in an amount to be determined by a jury.
COUNT THREE
9.
Plaintiff adopts the allegations of paragraphs one through eight as if fully set
10.
Spain prays that the Court will issue an injunction upon final hearing of this
forth herein.
case against Robinson continuing to engage in the conduct toward Spain charged in this
complaint and proven at trial and will require Robinson to post a bond to insure his compliance with the said injunction. OF COUNSEL: RUTLEDGE & YAGHMAI 3800 Colonnade Parkway Suite 490 Birmingham, AL 35243 205/969-2868 williamerutledge@aol.com
/s/ William Eugene Rutledge (RUT001) Attorney for the Plaintiff
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PLAINTIFF DEMANDS A STRUCK JURY FOR THE TRIAL OF THIS CAUSE. /s/ William Eugene Rutledge (RUT001) Attorney for the Plaintiff
SERVE DEFENDANT, GENE ROBINSON BY SHERIFF: Gene Robinson Anniston City Hall 1128 Gurnee Avenue Anniston, Alabama 36201
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