JAMES CITY COUNTY, Va. — A former James City County police officer is suing his former department and locality leaders for $5 million for alleged sexual harassment and a hostile work environment.
This filing follows a January 2023 shooting in which then-police officer, Michael Rusk, allegedly shot and severely injured his superior officer, Sergeant Christopher Gibson.
The 15-page civil lawsuit claims that JCC police leadership not only knew about the continued harassment but purposefully disregarded it because Rusk is a man.
"We are unable to comment on the pending litigation," said a spokesman with the JCC Police Department. "We take all allegations of workplace misconduct extremely seriously and are committed to fostering a positive and welcoming environment."
Rusk claims that in the months leading up to the shooting, Gibson made several sexual advances toward him including hand-holding, touching, slapping, stalking, and grooming.
According to the civil lawsuit, Gibson allegedly tracked Rusk's movements through apps and through their issued marked patrol which has a tracker inside. Rusk claims Gibson showed continued favoritism by purposefully stationing Rusk near Gibson's office. This behavior allegedly continued for years.
Attorneys said it all came to a head in January 2023, after a night of drinking around the Williamsburg area led Gibson to allegedly sexually assault Rusk.
"Gibson prevented Mr. Rusk from calling for help, and forcefully prevented Mr. Rusk from getting away from him by grabbing him and holding him against Mr. Rusk's truck," said William Peyton Akers, Rusk's attorney, in a court filing.
The filing said it left Rusk with no other option but to "reasonably defend himself," and Rusk allegedly shot Gibson several times before calling 911.
Following the shooting, Rusk was charged with two felonies, including malicious wounding and a gun charge. An administrator with James City County locality then recommended Rusk be terminated.
Alleged violations included Rusk's violent actions toward his superior, refusal to cooperate with the internal investigation, and exchanging "sexual and racially derogatory images using county-owned devices."
Rusk's attorney argued that his client told other superior officers about Gibson's alleged sexual advances and urged them to place him under different management.
Akers said his client did not file a formal complaint against Gibson as he feared he would be retaliated against, and that Gibson was directly responsible for filing any disciplinary forms and administering any corrective action.
Investigators allegedly met JCC Police leadership at the hospital on the night of the shooting. Body camera video shows an officer waiting for a chief's approval before addressing the investigator.
"It was brought to my attention so Rusk pulled me aside and talked to me in my office regarding Chris acting a little untoward to him at work or favoring him," said the superior officer. "I guess he was meeting up with him while he's working, things like that."
That officer then alleged that Rusk told his superiors that he would "handle the situation." Rusk's attorney denied his client ever said that.
Akers said he filed the $5 million lawsuit on his client's behalf, as he said Gibson, JCC locality leadership, and JCC Police ruined his client's life.
Rusk will face a jury for his felony charges on September 10. Gibson retired from the JCC Police Department on May 31, 2024.
A spokesman with JCC Police released the following statement: "We continuously review and improve our policies and practices to foster a safe and respectful workplace for all employees."