Lawsuit Filed Against the City of Jonesboro Over Rachel Anderson Termination

Suit alleges deprivation of First Amendment rights and due process after city terminated her for speaking at meeting

JONESBORO, Ark. – A lawsuit has been filed following the City of Jonesboro’s termination of a government employee and officer for speaking at a public meeting.

Rachel Anderson, represented by Luther Sutter of Sutter & Gillham PLLC of Little Rock, filed the suit in Craighead County Circuit Court court on Thursday, December 7. The defendants include the City of Jonesboro, Mayor Harold Copenhaver, and Police Chief Rick Elliott. The action alleges defamation, abuse of process, and deprivation of the plaintiff’s constitutional rights.

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“In Jonesboro, Arkansas, a recent controversy has unfolded, drawing attention to the termination of Rachel Anderson, the senior video analyst at the Jonesboro Police Department,” The suit alleges. “The dismissal followed her vocal opposition to a bond issue supported by Mayor Harold Copenhaver during a public meeting on November 7. The notice for the City Council meeting stated that “any persons interested may express their views” and “all objections and suggestions will be heard and considered.”

A public forum is for public input, the lawsuit states, including from employees who might be subject matter experts. The claim points out there are no written regulations in the City Handbook (or anywhere else) for when it is acceptable or unacceptable for a city employee to go before the council, whether it be about a public concern or a personal matter.

The lawsuit outlines the series of events that followed, which we covered in detail here.

“Plaintiff was fired in a way that made the newspaper and has left false allegations in her personnel file that has damaged Plaintiff, both in her public standing and in trying to find other jobs. Plaintiff demanded a name-clearing hearing, but Defendants refused to grant her a name-clearing hearing.”

The suit accuses the City of Jonesboro of defaming Anderson, creating a perception she had lied and misused her patrol car, causing irreparable damage to her reputation.

“The Arkansas Whistleblower Act “prohibits a public employer from taking adverse action against a public employee who communicates in good faith to an appropriate authority the existence of waste of public funds, property, or manpower or a violation of law; participates, or gives information, in an investigation, hearing, court proceeding, legislative inquiry, or administrative review; or objects to carrying out a directive the public employee reasonably believes violates the law.”

According to the suit, the defendants falsely published to the media that Anderson failed to follow the chain of command when communicating her concerns. Several examples were given of Anderson attempting to communicate with the mayor (no response) and the mayor’s administrative staff (unresponsive).

The suit further alleges the defendants falsely portrayed Anderson as disrespectful and unprofessional. Her allegedly unprofessional comments, which at least one council member found respectful and well presented, are here:

“Employees are the heart and soul of the Jonesboro public servant sector. I believe they are the hands and feet of our community.” – Mayor Harold Copenhaver, Dec. 20, 2022

The lawsuit seeks compensatory, liquidated, and punitive damages. It demands an injunction requiring the City to conduct an effective name-clearing hearing, acknowledging her prior lack of one. The plaintiff requests a public apology from the mayor, rehire eligibility, and training for city officials involved in the termination (Mayor Copenhaver, City Attorney Carol Duncan, who approved the termination as legal, the police chief and the communications director).