Madison County Sheriff Kip Thomas is being sued by a local bail bondsman, who claims his constitutional rights were violated when the sheriff terminated his services for supporting Thomas’ opponent in the upcoming election.
James H. Owens of Double “O” Bonding Co. filed suit in February in the United States District Court for the Middle District of Georgia, alleging that Thomas violated his First, Fifth and Fourteenth Amendment Rights.
Owens received a letter from Thomas on Jan. 26, informing him that he was no longer approved as a bonding agency for the Madison County Jail.
“This letter is to inform you that as of this date Double ‘O’ Bonding is no longer on the bonding list for the Madison County Sheriff’s Office,” Thomas wrote to Owens. “You are on my list of bonding companies and are supporting a candidate running for my office. This behavior is not acceptable and will not be tolerated by me or any other sheriff for that fact. Good luck with your business.”
Thomas’ attorney Ken Jones declined to comment on the allegations, but said a hearing on the case is set for March 27 at 10:30 a.m. in the federal court in Athens.
Thomas said he has discretion on who can serve as a bail bondsman in Madison County. He noted that four agencies — not including Double “O” Bonding — currently serve in that capacity.
“In his capacity as a bail bondsman, he works for the sheriff,” said Thomas. “He’s kind of like a subcontractor.”
According to the suit, Double “O” Bonding Company earned “an estimated $5,000 per week” on Madison County bonding services.
Owens’ attorney, Jim Smith of Athens, maintains that his client’s due process rights were violated, because his services were terminated “without notice or an opportunity to be heard.”
He noted that his plaintiff has a First Amendment right to engage in political speech and activities. Smith wrote that the sheriff “acted with malice and deliberate intent to punish or retaliate” against his client for his exercise of free speech.
“This punishment or retaliation was designed to chill free speech and free association and substantially harmed plaintiffs both economically and by depriving them of a substantial property interest,” wrote Smith.
The attorney wrote that Thomas is liable individually and in his official capacity as sheriff. He said Thomas’ actions are “likely to have an ongoing chilling effect on free speech in the county.”
Smith asked the court to “award nominal and compensatory damages,” “special punitive damages against defendant” and “reasonable attorney’s fees, expenses and costs of lititagion.”
Madison County attorney Mike Pruett said county constitutionally elected officers, such as the sheriff, have the same legal coverage as any other county officer or employee.
“Whenever a suit is filed, defense is tendered to the county’s insurer, which assigns defense counsel,” wrote Pruett in an e-mailed response to Journal questions. “The county’s only financial responsibility is for the deductible, which is a maximum of $10,000. This is pretty typical of all counties, I believe; the county, as the taxing authority, has the legal responsibility for funding the constitutional offices, and legal expenses are something everyone has to anticipate and provide coverage for these days, just as a matter of fiscal prudence.”
sould pay the (up to $10,000) instead of us hard working TAX PAYERS! WOW I think I just heard a lot of hands going up!
Anyone with ANY sense can read through the lines honey! POLITICS and ELECTION TIME, LET THE MUD SLINGING BEGIN!!
Let's look at this on a much Grander scale. Ok lets say someone who works for the President of the United States(Obama) was out trying to get votes for someone who was running against Obama Do you think that person would still have a job with Obama? NO he would probably have them put in prison and would want them put to death? SO Mr.Owens get up in the morning and put your big boy pants on pour you a nice big gowl of Corn Flakes and have yourself a good cry and after that get on with your life you lost that job go find you another one. I hear the Waffle House is hiring?
AWARD FOR HYPOCRISY: To then tell the terminated person, "Good luck with your business."
A friend of mine is the Pastor at a church right here in Madison County and their church was broken into and several musical instruments were stolen? They reported it and 3 days later the people responsible were in jail and the church got all their stuff back. Good job to Kip and every officer who worked on this case.
Sounds to me like we don't need this trouble making bondsman in our county . Taking five thousand a week from the tax payers and not putting a dime back into this county because Double O is in Athens where Owens also lives.
Sounds like he just got mad like a spoiled brat who didn't get his way and now we are all going to pay for what amounts to a frivolous lawsuit that's going to be thrown out anyway because it has no merit. However there will still be some cost for Madison County tax payers that could have been used for something else. Doesn't sound like he cares about our county at all to me.
This would also make me wonder about the candidate that he supports who is willing to accept his endorsement and his money for favors in return . Do we really wont to return to the good ole boys way of doing business.
We already have 4 other bonding companies working in this county why do we need a trouble maker like Owens here anyway .
I recently learned he is the only bondsman allowed in Franklin county and the Sheriff their wont allow anybody else in . Why is that ? Sounds like Owens might be a hypocrite .
Owens probably broke all the policies set by the Sheriff here in Madison County that the other 4 bonding companies don't have a problem following and now he wants to engage in political assassination against Kip Thomas.
Whoever Owens is promoting might want to think about watching their back if they are elected and let Owens back in because he will be the next one sued when Owens doesn't get his way again .My hand goes up in full support of Kip Thomas he is the only choice for any rational person. Thomas just got my vote again .
FIRST: the five thousand a week does NOT come from the tax payers -- it comes from individuals who use this company's bail bonding services. SECOND: I can give you at least one instance where the company has put money back into the county, and I'm sure there are more. If you will look at the high school spring sports program, you will find a full-page ad sponsored by this company.
and I do expect some business from them and not just donating to the programs. It's called doing business.
Considering a $5000 per week loss to his business, I would guess his support of another candidate will be substantial.
Probably another not-so-smart move by the Sheriff.
But, still gave him the benefit of the doubt to see how he did on the job. Disappointed again. People are stealing metal and wire and air conditioners more than ever before. Honestly, it's like we don't even have a Sheriff. That's how bad it is.
Now this. Again, not letting people do their business over petty politics. Kip started out behaving behaving like a child. 4 years later and he is still acting like a baby, and more importantly, all the property crime is much worse.
Ultimately, I can't vote for Kip again for the latter reason: crime has skyrocketed the last 4 years. I've never seen so much metal / wire theft and cocaine / meth zombies everywhere. If you don't stand guard you're gonna get robbed. Sheriff's dept. is nowhere to be seen. All got worse the last 4 years. That's what I judge the Sheriff on: CRIME has SKYROCKETED.
Not sure who to vote for yet, but in discussions with all, I, my family and my friends, WE WON'T VOTE FOR KIP THOMAS AGAIN. He just couldn't do the job. And now crime is worse.
Glad this happened BEFORE the election and not after! Lots of us talking about this after church today. Nobody happy; everybody mad.
Kip Thomas: you just lost our votes!
I personally think Kip has done a good job as sheriff and I WILL VOTE FOR HIM AGAIN AND AGAIN.
I tend to believe Thomas here. Let's look at the records? How many people has Thomas filed Bogus BS law suits against? Ok now lets flip the page. Now how many people has Mr.Owens filed Bogus BS law suits against? I'd bet Owens holds that record hands down?
Also to all of you who says Kip doesn't do his job. HELLO if Double "O" Bonding is making $5,000. a week off of people locked up at Madison Co.jail? Kip had to be arresting someone or Double "O" Bonding would be suing because they ain't getting enough business. Then YALL would say this is proof he ain't doing his job. So I guess Kip is in a no win situation? You say you want all these bad people arrested BUT when he does YOU say it is an abuse of power? Who would give the sheriff the power to arrest someone breaking the law? My God what's this world coming too?
I think this was a really stupid idea for the bond company! But, I guess you don't have to be that smart to do this kind of work, just watch Dog the Bounty hunter a couple of times and you'll understand.
AND I have another question Does Double "O" Bonding own land or anything in Madison County? I always heard to go on someones bond you had to own property in the county they were locked up in?
Nonetheless, it seems like a pretty dumb move for someone seeking re-election; which brings me to my major concern here; obviously, Mr. Thomas shoots from the hip without careful consideration of his actions -- don't know about you, but it bothers me that someone like that carries a gun. AND is "in charge" of a number of other gun-toting folk. Just sayin......
Kip Thomas has to go for the reason we ALL know: On his watch property crime has gone up through the roof and beyond. Lived in Madison County all my life and never seen crime so rampant. It's like we don't have any police.