Attorney Will Claiborne Abusive Litigation Letter

CHATHAM COUNTY ATTORNEY
R. JONATHAN HART
124 BULL STREET

ROOM 240
COUNlY ATTORNEY
SAVANNAH, GEORGIA 31401
JENNIFER R. BURNS
ASSISTANT COUNlY ATTORNEY
PLEASE REPLY TO:

P.O. BOX 8161
912/652-7881
FAX 9121652-7887
October 27,2015
William R. Claiborne, Esq.

The Claiborne Firm, P.C.
Attorneys at Law
410 E. Bay Street
Savannah, GA 31401
Re:
Peter Delatorre, et ai., v. Willie Lovett, et al.

Civil Action No.: CV15-0879-AB
Dear Mr. Claiborne:

This letter will constitute a demand pursuant to O.C.G.A. 51-7-84 that the abovereferenced lawsuit brought by your clients against the former Chairman of the Board of
Commissioners and County Manager should be dismissed as the suit is totally meritless. As
outlined below, you are or should be aware that your claims lack all legal merit. You are advised
that if you should elect to continue to pursue this matter, the County will not only aggressively
defend these formal officials as to your meritless action and will also seek damages as allowed by
law, including costs, expenses of litigation, and reasonable attorney's fees. Moreover, the County
reserves the right to assert all other claims to which it is entitled.
The abusive litigation is based upon the following:
Your frivolous RICO suit against the retired Chairman of the Board of Commissioners and
retired County Manager is a mere ruse to circumvent the simple fact that no one working for or
was directed by the Chatham County government was responsible for the actions Malik Khaalis,
Willie Lovett or any other corrupt police officer. The Counter Narcotics Team (CNT) is an agency
of the County and was the first law enforcement agency to uncover the corruption you allege.
CNT is funded and controlled exclusively by Chatham County and it is undisputed that CNT first
uncovered the drug dealers were benefitting from the actions of Metro officers.
Instead of being a part of a criminal enterprise, Mr. Abolt zealously sought prosecution of
corrupt officers by instructing those with the most knowledge, to include then Director of CNT
Roy Harris, to report the matter fully to the Federal Bureau of Investigation (FBI) and the Drug
Enforcement Agency (DEA). Your complaint is beyond meritless when you allege wrong doing
on the part of the government who uncovered the bad actors, reported the same to federal law
enforcement and cooperated fully therewith.
Moreover, your complaint referenced in paragraph 57 admits the same by acknowledging

the memo sent from Mr. Abolt to Chief Lovett which clearly references both a DEA and FBI
investigation of the corrupt officers. It is laughable to argue that an honest manager reporting crime
to federal law enforcement agencies is a part of the conspiracy that he is reporting for prosecution.
Based on these facts alone, your complaint is meritless.
However, in addition to the simple fact that Chatham County's manager reported the
corruption of Metro officers to the FBI, your complaint is frivolous for numerous other reasons.
As a matter of law, any actions taken by Defendant Lovett afterward his hiring are not attributable
to Chatham County, Pete Liakakis, or Russ Abolt. Any actions or omissions to act by a City of
Savannah employee are not attributable to county officials. Pursuant to the City charter for the
City of Savannah, the police chief of Metro is a City bureau chief who answers to the City
Manager. Your lawsuit is a political attack to besmirch the reputation of two officials who
diligently served and retired from Chatham County.
Additionally, the complaint contains inconsistent facts that lack legal meaning and merit.
In Paragraph 43, you allege Mr. Gerbino informed Mr. Abolt and Mr. Liakakis of Defendant
Lovett's corruption. In paragraphs 56 and 57 you allege that Mr. Gerbino informed the then City
Manager Michael Brown, of the same information, who had the ability to terminate City
employees.
Assuming without conceding that Mr. Gerbino told Michael Brown the same information,
you then allege Mr. Liakakis and Mr. Abolt should have informed Mr. Brown of the same
information from the same source while at the same time that Mr. Brown already possessed that
knowledge. Thus, the alleged information told to Mr. Abolt and Mr. Liakakis was already known
to Michael Brown according to your complaint. This circular logic lacks reason and legal merit
and does not form the basis for any legal claim.
Moreover, there is no duty on the part of a county official to report malfeasance or
corruption to the City. The Chairman of the County Commission and/or the County Manager are
under no legal duty to be investigative bodies for City and its employees. Assuming Mr. Gerbino
had evidence of corruption as a sworn law enforcement officer, he knew full well he could report
this to the Georgia Bureau of Investigation (GBI), the Bureau of Alcohol Tobacco and Firearms
(ATF), DEA, FBI, District Attorney's Office, or the United States Attorney Office all of whom
have actual law enforcement powers and investigative authority, unlike the County Manager or
Chairman of the Board of Commissioners. To further compound your misplaced facts, your
complaint then ignores the fact that Mr. Abolt, as leader of Chatham County who was an agent of
Mr. Liakakis', and with consent of the Chairman did in fact report these matters to federal law
enforcement agencies, including the DEA and FBI.
Finally, the statute oflimitations on any cause of action has run. It is noteworthy that your law
firm filed whistleblower ante litem notices for several of the Plaintiffs. Those letters are attached
to this letter as Exhibit A. My response to your claim, on behalf of the County, is attached as
Exhibit B, wherein the County Attorney's Office clearly outlines that your clients are outside the
time frame allowed by law. Your RICO allegations are an attempt to circumvent a clear time frame
in which your clients had to file against Metro. That operative date would have been one year from
date of transfer from CNT to MPD.

statute of limitations.
Your ante litem was untimely and this claim is beyond the
For all of these reasons, the County Attorney's Office demand. you dismiss this matter
immediately.
RJH/dkm
cc:
Chairman and Board of Commissioners
Lee Smith, County Manager
Greg Scott, Risk Manager
Pete Liakakis
R.E. Abolt
Brooks Stillwell, Esq.
Steve Scheer, Esq.
1:lLlTIGATION OPEN\DELATORRE, PETER, ET AL" CVI5-0879-ABICLAIBORNE ABUSIVE LITIGATION LETTERDOCX
From :Claiborne & Sur~ay
912 236 1884
01/02/2014 16 :24
The Claiborne Finn,
Teleph(Jne: 912.236.9559
#973 P. 002/004
p.e.
A.ttorneys at Law
410 E. Bay Street
Savannah, Georgia 3H4)1
www.daibornefirm.oCom
VVilliam R Claiborne, Savannah

Casey L Rei~hanadter, Savannah (GA & ~"Y)
wriler's em.ail: wm@cla ibomefttm.~{)m
Facsimile : 9K2.2J.6. i884

Ruth F. Claiborne - Of Counsel
Amy W . Fox - Of Counsel
January 2, 2014
VIA CERTIFIED MAIL /RETURN RECEIPT
DELIVERYNO.: 701210500001.282.2.2162
The Honorable Edna Branch Jackson

Mayor, City of Savannah
Savannah City Hall, 2nd Floor
2 East Bay Street
Savannah, Georgia 31401
VlA CERTIFIED MAIL/RETURN RECEIPT

DELIYERY NO.: 701230500001.2822 2179
Stephanie Cutter, City Manager

P.O. Box 1027

DELIVERY NO.: 70123050000128222186
VIA CERTIFIED MAIL IRItTURN RECEIPT

DELIVERYNO.: 70071490000461911479
The Honorable Al Scott
R. E. Abott, County Manager

P.O. Box 8161
Chatham County Commission Chairman

P.O. Box 8161
Re: Claims of Mark Gerbino

Ladies and Gentlemen:
We have been retained by Mark Gerbino in connection with injuries he incurred from
July 2008 until the end of his employment with the Savannah/Chatham Metropolitan Police
Department as a result of the conduct of County Manager Russ Abo It, former City Manager
Michael Brown, former City Manager Rochelle Small-Toney, former Police Chief Willie Lovett,
Acting Police Chief Julie Tolbert, Major Dean Fagerstrom, former Captain Hank Wiley,
Captain Devon Adams, Sergeant Cleveland Lovett, former Sergeant Malik Khaalis, former
Officer Willet Williams, the Savannah/Chat.ham Metropolitan Police Department, the City of
Savannah and other government officials who knew or should have known of that conduct and
who allowed that conduct to occur or continue or who participated in that conduct.
That conduct includes, without limitation: violation of the Georgia Whistleblower Statute
(O.C.GA. 45-1-4); violation of either or both the State and Federal Racketeer Influenced and
Corrupt Organizations (RICO) Acts; retaliation for reporting corruption and/or illegal activity of
Lovett, Wiley, Clevland Lovett, Williams, and/or Khaalis; defamation personally and with
respect to his business reputation; invasion of privacy; placing Mr. Gerbino in a false and
negative light personally and with respect to his business reputation; negligent hiring and
retention; negligent infliction of emotional distress; and conspiracy among numerous individuals
Claiborne & Fox, LLC is of counsel to The Claiborne Firm, P. C.
Atlanta OjJice : 60 Lennox Pointe, At/anta, Geoi'gla 30324 (404) 442.6969
Charlotte Office:417 East Blvd. , Suite J OJ, Char{olte, North Carolina 28203 . (704) 702.0300
Exhibit ---1-"""-_
From:Claiborne & Surmay
912 236 1884
01/02/2014 16:24
#973 P.003 / 004
Mayor Edna Branch Jackson

AI Scott, Chatbam County Commission Chairman
R. E . Abolt, County Manager
January 2,2014
Page 2 of3
under the employ or control of Savannah/Chatham Metropolitan Police Department and/or the
City of Savannah and/or Chatham County to accomplish some or all of this conduct; and
rati fication of the above described conduct.
With respect to the illegal activity referenced above, the allegations of Mr. Gerbino ' s
complaint include, but are not limited to, the following:
Former Police Chief Willie Lovett
Receipt of payment for a no-show off duty job, gambling, obstruction of gambling
investigation(s), obstruction of narcotics investigation(s), ordering the Internal Affairs
department to dismiss meritorious complaints, obstruction of domestic violence
investigation(s), manipulation of crime statistics, and authorization of unearned overtime.
Captain Hank Wiley and Sergeant Cleveland Lovett
Dismissing meritorious Internal Affairs complaints and ignoring illegal activity engaged
in by SCMPD officers.
Fo."mer Sergeant Malik Khaalis

Obstruction of narcotics investigation(s).
Former Officer Willet Williams

Engaging in the sale or trade of illegal narcotics, and obstruction of narcotics
investigation( s) .
Further, our preliminary investigation of Mr. Gerbino's claim has revealed that some or
all of the allegations above were known by individuals responsible for the governance and
oversight of the SCMPD, including, but not limited to County Manager Russ Abo It, former City
Manager Michael BlOwn, and former City Manager Rochelle Small-Toney.
Given the overwhelming circumstances of liability in this matter, Mr. Gerbino intends to
pursue a claim of abusive litigation, if litigation is necessary . In that regard, notice and demand
under O.C.G.A 51-7-84 is hereby given that you voluntarily withdraw, abandon, discontinue or
dismiss any position you may assert of non-liability.
Claiborne & Fox, LLC is 0/ counsel to The Claiborne Firm, P. C.

Atlanta Office: 60 Lennox POinte, Atlanta, Georgia 30324 (404) 442.6969
Charrolte Office:4I7 East Blvd, Suite 101, Charlotte, North CarolinG 28203 . (704) 702.0300
912 236 1884
01/0212014 16:24
#973 P.004/004
Mayor Edna Branch Jackson

Al Scott, Chatham County Commission Chairman
R. E. Abolt, County Manager
January 2,2014
Page 3 of3
This letter will further serve as ante litem notice to County Manager Russ Abolt, former
City Manager Michael Brown, former City Manager Rochelle Small~Toney, former Police Chief
Willie Lovett, Acting Police Chief Julie Tolbert, Major Dean Fagerstrom, former Captain Hank
Wiley, Captain Devon Adams, Sergeant Cleveland Lovett, former Sergeant Malik Khaalis,
former Officer Willet Williams, the Savannah/Chatham Metropolitan Police Department,
Chatham County and the City of Savannah under O.e.G.A. 36~II-l, 50~21~26, and all other
Georgia statutes regarding ante litem notice.
Please direct all further communications regarding Mr. Gerbino directly to our offices.
We recommend to all our clients that they explore settlement of any claim before litigation is
filed and Mr. Gerbino has accepted our recommendation. If you would like to explore
settlement, please let uS know by close of business on February 2,2014.
Sincerely,
THE CLAIBORNE FIRM, P.e.
~/~AWILLIAM R~~6RNE
For the Firm
WRC/kag
Reply also to:
Cc;
S. Wesley Woolf
S. WESLEY WOOLF, P.C .
408 East Bay Street
File
Client
S. Wesley Woolf, Esquire
Brooks W. Stillwell, III, Esquire (Via Facsimile and Mail)
R. Jon Hart, Esquire (Via Facsimile and Mail)
Claiborne & Fox, LLC is ofcounsel to The Claiborne Firm, P. C.

Atlanta Office: 60 Lennox Pointe, Atlanta. Georgia 30324 (404) 442.6969
Charlotte Ojfice:417 East Blvd., Suite 101, Charlotte, North Carolina 28203 (704) 702.0300
From:Claiborne &Surmay
Telephone: 912.236.9559
912 236 1884

A.ttorneys at Law
41 0 E. Bay Street
Savannah, Georgia 314-01
www.claibomefinn.com
\Villiam R. Claiborne, Sa~nnah

Casey L . Reichanadtel', Savannah (GA & NY)
writer's email: wi1l@ClaWomefi nn.com
11/22/2013 18 :11
#927 P.002/003
Facsimile: 912.236.1884

Amy W. Fox - Of Counsel
November 22,2013
VIA CER TIFIED MAIL /RE TURN RECEIPT
DELIVERY NO. : 701230500001 28222032
Y.lA CERTIFIED MAlL/RETURN RECEIPT

PEUfERYNO.: 701.2 3050 oooJ 28222049

nd
Savannah City Hall, 2 Floor
2 East Bay Street

P.O . Box 1027
Savannah, Georgia 3 1402
ITA CERTIFIED MAIL !RET URN RECEIPT

[JELJlIER N O,,' 70123050000128222010
VIA CERTIFIED MAIL IRETlJRN RECEIPT

DELIVERY NO.: 70123050 OOOJ 2822 2063
The Honorable AI Scott

P .O . Box 8161

P.O. Box 8161
Be: Claims of Peter Delatorre

We have been retained by Peter Delatorre in connection with injuries he incurred as a
result of the conduct of Police Chief Willie Lovett, Major Julie Tolbert, Captain Hank Wiley,
Captain Ben Herron, Sergeant Cleveland Lovett, Lieutenant Andre Oliver, Willet Williams,
Malik Khaalis, the Savannah/Chatham Metropolitan Police Department, the City of Savannah
and other government officials who knew or should have known of that conduct and who
allowed that conduct to occur or continue or who participated in that conduct.
(O .C.G.A. 45-1.4); violation of either or both the State and Federal Racketeer Influenced and
Corrupt Organizations (RICO) Acts; retaliation for reporting corruption and/or illegal activity~
failure to promote for reporting corruption andlor illegal activity; defamation personally and with
respect to his business reputation; invasion of privacy; placing Mr. Delatorre in a false and
City of Savannah and/or Chatham County to accomplish some or all of this conduct; and
ratification of the above described conduct.
Clalhome & Fox, LLC is of counsel to The Claiborne Firm, P. C.
ATlanta Office: 60 Lennox Pointe, Atlanta. Georgia 30324 ' (404) 442.6969
Charlo tie OJflce:417 East Blvd.. Suite 101. Charlotte, North Carolina 28203 . (704) 702.0300
From:Claiborn! &Surmay
11/22/2013 18 :12
912 236 1884
#927 P.003/003

AI Scott, Chatham County Commission Chairman
November 22,2013
Page 2 of2
Given the overwhelming circumstances ofliability in this matter, Mr. Delatorre intends to
pursue a c1alm of abusive litigation, if litigation is necessary. In that regard, notice and demand
under O.C.G.A 51784 is hereby given that you voluntarily withdraw, abandon, discontinue or
dismiss any position you may assert ofnon}jability.
This tetter will further serve as ulI/e litem notice to Police Chief Willie Lovett, Major
Julie Tolbert, Captain Hank Wiley, Captain Ben Herron, Sergeant Cleveland Lovett, Lieutenant
Andre Oliver, Willet Williams, Malik Khaal.is, the Savannah/Chatham Metropolitan Police
Department, Chatham County and the City of Savannah under O.e.G.A. 36-11-1, 50.2126,
and all other Georgia statutes regarding ante litem notice.
Please direct all further communications regarding Mr. Delatorre directly to our offices.
We recommend to aU ollr clients that they explore settlement of any claim before litigation is
filed and Mr. Delatorre has accepted our recommendation. If you would like to explore
settlement, please let us know by close of business on December 23,2013.
Sincerely,
~o~y~~
WlLLIAM~~;
For the Firm
WRClkag
Reply also to:
Cc:
S. Wesley Woolf
S. WESLEY WOOLF, P.C.
408 East Bay Street
File
Client
Claiborne & For, LLC is a/counsel to The Claiborne Fiml. P.C.

At/onto OjJice: 60 Lennox Pointe, Allanta. Georgia 30324 (404) 442.6969
Charfolle Office:4f7 East Blvd. Suite 101, Charlotte, North Carolina 28203 (704) 702.0300
Telephone: 912.236.9559
11/22/2013 18:03
912 236 1884

Attorneys at Law
4-10 E. Bay Street
www.claibornefirm.com
William R. Claiborne, Savannah

Casey L. Reichanadter, Savannah (GA & NY)
writer's email: will@daibomefirm.eom
#921 P. 002/003
Facsimile: 912.236.1884

Amy W. Fox - Of Counsel
November 22,2013
VIA CERTIFlEPMAILIRETQRNRECEIPT
DELIVERY NO.: 7012 3050000128221950
VIA CERTIFIED MAILtRET[}RJVRECEIPT

DELIVERY NO.: 7()12.1050 000128221967

Savannah City Hall, 2nd Floor
2 East Bay Street

P.O. Box 1027
Jt7A CERT.l.FIED MAlL/RETURN RECEIPT

DELIVERY NO.: 7012 3USO 0001 28211974
f7A CERTIFIED MAIL IRETlJRlVRECEIPT

DEL/Y.E'RY NO.: 701.2 3050000128221981


P.O. Box 8161
P.O. Box 8161

Re: Claims of Michael Delato"e

We have been retaine y Michael Delatorre in co ec ion with injuries he incurred as a
result of the conduct of Polic Chief Willie Lovett, M . r Julie Tolbert, Captain Hank: Wiley,
Captain Ben Herron, Sergeant eJe.v. land Love . eutenant Andre Oliver, Willet Williams,
Malik Khaalis, the Savannah/Chatham Metropolitan Police Department, the City of Savannah
and other government officials who knew or should have known of that conduct and who
allowed that conduct to occur or continue or who participated in that conduct.
(O.C.G.A. 45-1-4); violation of either or both the State and Federal Racketeer Influenced and
Corrupt Organizations (RICO) Acts; retaliation for reporting corruption andlor illegal activity;
failure to promote for reporting corruption andlor illegal activity; defamation personally and with
respect to his business reputation; invasion of privacy; placing Mr. Delatorre in a false and
City of Savannah andlor Chatham County to accomplish some or all of this conduct; and
ratification of the above described conduct.
Claiborne & Fox, LLC Is ofcounsel to The Claiborne Firm, P. C.
Atlanta Office: 60 Lennox Pointe, Atlanta, Georgia 30324' (404) 442.6969
Charlotte OjJlce:417 East Blvd., Suite 10l, Charlot/e, North Carolina 28203 . (704) 702.0300
11/22/2013 18 :03
912 236 1884
#921 P.003/003

AI Scott. Chatham County Commission Chairman
R . E. Abolt, County Manager
November 22, 2013
Page 2 of2
Given the overwhelming circumstances ofliability in this matter, Mr. Delatorre intends to
pursue a claim of abusive litigation, if litigation is necessary, In that regard, notice and demand
under Q,C.G.A 51-7-84 is hereby given that you voluntarily withdraw, abandon, discontinue or
This letter will further serve as ante litem notice to Police Chief Willie Lovett, Major
Andre Oliver, Willet Williams, Malik Khaalis, the Savannah/Chatham Metropolitan Police
Department, Chatham County and the City of Savannah under O.C.G.A. 36-11-1, 50-21-26,
Please direct all further communications regarding Mr. Delatorre directly to our offices.
We recommend to all our clients that they explore settlement of any claim before litigation is
filed and Mr. Delatorre has accepted our recommendation. If you would like to explore
settlement, please Jet us know by close of business on December 23,2013.
Sincerely,
TIIE CL AIB O
-/.
Wll...LIAM
For the Firm

WRCJkag
Cc:
Reply also to :
S. Wesley Woolf
S. WESLEY WOOLF, P.C.
408 East Bay Street
File
Client
Brooks W. Stillwell) III, Esquire (Via Facsimile and Mail)
Claiborne & Fox, LLC is ofcounsel /0 The Claiborne Firm, P. C.

Afla/lla Office: 60 Lennox POinte, Atlanta, Georgia 30324' (404) 442.6969
Char/olle OjJice:417 East Blvd.. Suite 101, Charlotte, North Carolina 28203 (704) 702.0300
Telephone: 912.236.9559
Attorneys :It La w
410 E. Bay Street
www .clajbornefir ~~Q']~
William R. Claiborne, Savannah

Casey L. Reic~nadter, Savannah (GA & NY)
writer's email: wil!@claiborneHrm.com
#938 P. 002!003
12/04/2013 15:50
912 236 1884
_r~
912.236.1884
Ruth F. Claiborne - OfCounse1
[)EC 0 4 '~01g W. FDX - OfCOWlSe[

CHATH AM COUNTY
December 4, 201 MANAG ER'S OFFICE

VL4 CERl1F1ED MAIL/RETUENRECElFT
DELIVER Y NO.: 7012.1050000128222087
VIA CERTIFIED MAJLIRETlJRN RECEIPT

DELIVERY NO.: 70123050000128.22 20!J4

Savannah City Hail, 2nd Floor
2 East Bay Street

P.O. Box 1027
filA CERTIFIED MAIL IRE TURN RECEIPT

DELIVERY NO.: 70J2.1050 000128222100
VIA CERTIFIED MAILIRE71JRNRECEIPT

DELIVERYNO.: 701.2 .1050 {)(JOJ 2822 2JJ7
The Honorable Al Scott

P.O. Box 8161

P.O. Box 8161
Re: Claims of Lawrence Harris

We have been retained by Lawrence Harris in connection with injuries he incurred from
2010 until the end of his employment with the Savannah/Chatham Metropolitan Police
Department as a result of the conduct of Police Chief Willie Lovett, Major Julie Tolbert, Captain
Hank Wiley, Captain Ben Herron, Sergeant Cleveland Lovett, Lieutenant Andre Oliver, Willet
Williams, Malik Khaalis, the Savannah/Chatham Metropolitan Police Department, the City of
Savannah and other government officials who knew or should have known of that conduct and
who rulowed that conduct to occur or continue or who participated in that conduct.
That conduct includes, without limitation: violation of the GC(orgia Whistleblower Stat'yte
(O .e.G.A. 45-1-4)~ violation of either or both the State and Federal Racketeer Influenced and
Corrupt Organizations cruCO) Acts; retaliation for reporting corruption and/or illegal activity;
failure to promote for reporting conuption and/or illegal activity; defamation personally and with
respect to his business reputation; invasion of privacy; placing Mr. Harris in a false and negative
light personally and with respect to his business reputation; negligent hiring and retention;
negligent infliction of emotional distress; and conspiracy among numerous individuals under the
employ or control of Savannah/Chatham Metropolitan Police Department and/or the City of
Claiborne & Fox, LLC is ofcounsel fo The Claiborne Firm, P. C.
AtJanta Office: 60 Lennox POinte, AI/anta, Georgia 30324 (404) 442.6969
Charlotte Ojftce;417 East Blvd., Suite 101, Charlotte, North Carolina 28203 (704) 70).0300

912 236 1884
December 4, 2013
Page 2 of2
12/04/2013 15:50
#938 P.003/003
Savannah and/or Chatham County to accomplish some or all of this conduct; and ratification of
the above described conduct.
Given the overwhelming circumstances of liability in this matter, Mr. Harris intends to
pursue a claim of abusive litigation, if litigation is necessary. In that regard, notice and demand
under O.C.G.A 517-84 is hereby given that you voluntarily withdraw, abandon, discontinue or
This letter will further serve as ante litem notice to Police Chief Willie Lovett, Major
Andre Oliver, Willet Williams, Malik Khaalis, the Savannah/Chatham Metropolitan Police
Department, Chatham County and the City of Savannah under O.C.G.A 36-11~1, 50-21-26,
Please direct all further communications regarding Mr. Harris directly to our offices. We
recommend to all our clients that they explore settlement of any claim before litigation is flied
and Mr. Harris has accepted our recommendation. If you would like to explore settlement,
please let us know by close of business on January 3,2014.
Sincerely,
THE CLAIBORNE FIRM, P.e.
~~//f
WILLIAM rc~RNE
For the Firm
WRC/kag
Reply also to:
S. Wesley Woolf
S. WESLEY WOOLF, P.e.
408 East Bay Street
Cc:
File
Client
Brooks W. Stillwell, 1II, Esquire (Via Facsimile and Mail)
ClaIborne & Fox. L[C is of counsel to The Claiborne Firm, P. C.

Allanta Office: 60 Lennox PoInte, Atlanla, Georgia 30324 . (404) 442.6969
Charlotte Office:4} 7 East Blvd., Suite 101, Char/otle, North Carolina 28203 (704) 702.0300
912 236 1884
01/02/2014 16:33
The Claabom,e Firm,
TelephDne: 912.236.9559
#979 P.002/004
p.e.
Attorneys at Law
410 E. !Bay Street
Sa vannah, Georgia 3 [+01
www.daihonlefirm.com
Facsimile: 912.236.1884
Ruth f'. Clai:bome - Of Counsel
Amy W, F.ox - Of Counsel
William R Claiborne, Savannah

Casey L. Reicharnadter, Savannah {GA & NY)
writer's email: will@claih{)P1efirm.com
January 2,2014
.vIA CERTIFIED MAIL IRETURN REl."EIPT
DELIVER Y NO... 7012 3050 0001 2822 2124
VIA CERTIFIED MAIL IRETURN RECEIPT

D/!''LIVERY NO.: 7012 3050 ()()01 28222131

nd
Savannah City Hall, 2 Floor
2 East Bay Street

P,O. Box 1027
VIA GRIfFIED MAIL lRETURN RECEIPT

DELIVERY NO.: 7012 3050 ()(}01 28222148

DELIVERY NO.: 7012 3050 ()()OJ 28222155

P,O, Box 8161
R E. Abolt, County Manager

P,O,Box8161
Savannah, Georgia 314]2
Re: Claims of Robert l'onLowenfeldt

We have been retained by Robert vonLowenfeldt in connection with injuries he incurred
from November 2005 until the end of his employment with the Savannah/Chatham Metropolitan
Police Department as a result of the conduct of County Manager Russ Abolt, former City
Manager Michael Brown, former City Manager Rochelle Small-Toney, former Police Chief
Wiley, Captain Ben Herron, Captain Devon Adams, Sergeant Cleveland Lovett, Lieutenant
Andre Oliver, Sergeant Eric Henderson, former Sergeant Malik Khaalis, former Officer Willet
Williams, the Savannah/Chatham Metropolitan Police Department, the City of Savannah and
other government officials who knew or should have known of that conduct and who allowed
that conduct to occur or continue or who participated in that conduct.
(O,e.G,A 45-1-4); violation of either or both the State and Federal Racketeer Influenced and
Corrupt Organizations (RICO) Acts; retaliation for reporting corruption and/or illegal activity of
Henderson, Khaalis and Williams failure to promote for reporting corruption and/or illegal
activity; defamation personally and with respect to his business reputation; invasion of privacy;
placing Mr, vonLowenfeldt in a false and hegative light personally and with respect to his
Claiborne & Fox. LLC is ofcounsel to The Claiborne Firm, P. C.
-,Wanta Office: 60 Lennox POinte, Atlanta. Georgia 30324 ' (404) 442.6969
Charlo lie Ojjice :417 East Blvd, Suite 101, Charlotte, North Carolina 28203 . (704) 702.0300
912 236 1884
01/0212014 16:34
#979 P.003/004
Mayor edna tsranCt1 JaCKSOn

Al Scott, Chatham County Commission Chairman
January 2, 2014
Page 2 of3
business reputation; negligent hiring and retention; negligent infliction of emotional distress; and
conspiracy among numerous individuals under the employ or control of Savannah/Chatham
Metropolitan Police Department and/or the City of Savannah and/or Chatham County to
accomplish some or all of this conduct; and ratification of the above described conduct.
With respect to the illegal activity referenced above, the allegations of Mr.
vonLowenfeldt compJaint include, but are not limited to, the following:
Sergeant Eric Henderson

Engaging in the sale or trade of illegal narcotics, obstruction of narcotics investigation(s),
and harboring a federal fugitive.
Former Sergeant Malik Khaalis

Obstruction of narcotics investigation(s) .
Former Officer Willet Williams

Engaging in the sale or trade of illegal narcotics, and obstruction of narcotics
investigation( s).
Further, our preliminary investigation of Mr. vonLowenfeldt's claim has revealed that
some or all of the allegations above were known by individuals responsible for the governance
and oversight of the SCl\1PD, including, but not limited to County Manager Russ Abolt, former
City Manager Michael Brown, and former City Manager Rochelle Small-Toney.
Given the overwhelming circumstances of liability in this matter, Mr. vonLowenfeldt
intends to pursue a claim of abusive litigation, if litigation is necessary. In that regard, notice
and demand under O. e. G.A 51-7-84 is hereby given that you voluntarily withdraw, abandon,
discontinue or dismiss any position you may assert of non-liability,
This letter will further serve as ante litem notice to County Manager Russ Abolt, former
City Manager Michael Brown, former City Manager Rochelle Small-Toney, former Police Chief
Wiley, Captain Ben Herron, Captain Devon Adams, Sergeant Cleveland Lovett, Lieutenant
Andre Oliver, Sergeant Eric Henderson, former Sergeant Malik Khaalis, former Officer Willet
Williams, the Savannah/Chatham Metropolitan Police Department, Chatham County and the
City of Savannah under O.e.O.A 36-11-1,50-21-26, and all other Georgia statutes regarding
ante litem notice.
Claiborne & Fox, ILC is ofcounsel to The Claiborne Firm, 1'. C.

Atlanta Office: 60 Lennox Poil1te. A/la/1ta, Georgia 30324 (404) 442.6969
Charlotte Office:417 East Blvd.. Suite 101, Charlotte, North Carolina 28203 . (704) 702. 0300
From:Claiborne &Sur may
912 236 1884
01/02/2014 16:34
#979 P.004f004
Mayor hana tirancn JaCKson

January 2, 2014
Page 3 of3
Please direct all further communications regarding Mr. vonLowenfeldt directly to our
offices. We recommend to all our clients that they explore settlement of any claim before
litigation is filed and Mr. vonLowenfeldt has accepted our recommendation. If you would like to
explore settlement, please let us know by close of business on 'February 2,2014.
Sincerely,
THE CLAIBO~RNE
FIRM P.c.
~
WILLIAM
C ALB R. E
For the Finn

WRC/kag
Reply also to :
S. Wesley Woolf
S. WESLEY WOOLF, p,c.
408 East Bay Street
Cc:
File
Client
Claiborne & Fox, LLC is ofcounsel to The Claiborne Firm, P. C.

Atlal1ta OjJice: 60 Lennox Pointe, Atlanta, Georgia 30324 (404) 442.6969
Charlotte plJice:417 East Blvd, Suite 101, Charlotte, North Carolina 28203 . (704) 702.0300

R. JONATHAN HART
124 BULL STREET

ROOM 240
COUNTY ATTORNEV
JENNIFER R. BURNS
ASSISTANT COUNTY ATTORNEY
PLEASE REPlV TO:
P.O. BOX 8161

SAVANNAH, GEORGIA31412
B121l152-7Stl 1
FAX 9121852-71187
February 24,2014
William R. Claiborne, Esq_

The Claiborne Finn, P .C.
Attorneys at Law
410 E. Bay Street
Savannah, GA 3140 I
Re:
Claims of Mark Gerbino
Dear Mr. Claiborne:

I am in receipt of your ante litem notice for Mark Gerbino. For the reasons set forth below,
the County denies all liability in these matters.
In your notice you allege dates of injuries to be from July 2008 until the end of his
employment. Mr. Gerbino's employment terminated in 2011.
In your letter, you allege that Mr. Gerbino was placed in a false and negative light personally
and with respect to his business reputation. Pursuant to O. C. G.A. 36-11-1, your client had one year
from the date ofinjury to serve written notice upon the County. You did not provide that notice until
January 2,2014.
Additionally, pursuant to a.e.G.A. 45-1-4, your client had either one year from the date of
the retaliation or three years from the time it became known to him to actually file suit under the
Georgia's Whistleblower Statute. As referenced earlier in this paragraph, your client was aware of
his all~g~d incidenL in 2011. Thus, your client had one year from that date to file suit. Even
assuming the end of his employment was the trigger date) for statute pwposes he is out of time by
almost 24 months to bring suit pursuant the Whistleblower Statute. Hence, any claim against the
County is blatantly out of time.
While I do not represent the City of Savannah in this matter, your claims would likewise be
untimely against that governmental entity as well as the Savannah Chatham Metro Police
Department.
Upon investigation, we conclude the County Manager, Russ Abolt, was not aware of any
alleged criminal conduct by then-Chief Lovett. As would be proper, any and all criminal
investigations were returned to Metro for further action or to be handled through CNT.
Exhibit~,B.....---

Page 2
Finally, this letter will constitute a demand pursuant to O.C.G.A. 51-7-84 that any suit
brought by your client be dismissed or not filed as the suit is totally meritless. As outlined, you are
or should be aware that your claims lack all legal merit. Please be advised that if you should elect
to pursue this matter, the County will not only aggressively defend its elfin your meritless action, but
it will also seek damages as allowed by law, including costs, expenses oflitigation, and reasonable
attorney's fees. Moreover, the County reserves the right to assert all other claims to which it is
entitled.
Sincerely,
1.~~
R. Jora91an Hart
Co un\" Attorney
RJHldkm
cc:

Chuck Voelker, Risk Manager
( lSubjt<1 F,I .. Opcn\C1.oinu\Gcri>ino Marl! (Lovr1\)\cllirbome aln..; h'iatilon and doni&! orli.bili,y I., Itt wpd

124 BULL STREET
ROOM 240
R. JONATHAN HART
COUNTY ATTORNEY
JENNIFER R. BURNS
PLEASE REPLY TO:
P.O , BOX81S1
91211l52-7861
FAX 01211l52-7887
November 27,2013
William R. Claiborne, Esq .

Attorneys at Law
410 E. Bay Street
Savannah, GA 3140 I
Re:
Claims of Michael Delatorre and Peter Delatorre
Dear Mr. Claiborne:

I am in receipt of your ante litem notices for both Michael and Peter Delatorre. For the
reasons set forth below, the County denies all liability in these matters.
First, your notices are deficient in that all ante litem notices are required to contain a date
about or upon which the alleged injury or tortuous act is to have occurred. Your letters, on behalf
of both of your clients, are noticeably silent in this regard. Based upon your failure to comply with
O.C.O.A. 36-1 J-l alone, the County denies liability.
Upon further review of your claim, the oversight in failing to provide the date of alleged
retaliation appears more than accidental. Your clients were both transferred from CNT back to the
Savannah Chatham Metropolitan Police Department in October of 2010. At that moment, any
alleged retaliation was known to your clients. Pursuant to O.C.G.A. 36-11-1, your clients had one
year from the date ofinjury to serve written notice upon the County. You did not provide that notice
until November 22,2013, more than three years later.
Additionally, pursuant to O.C.G.A. 45-1-4, your clients had either one year from the date of
the retaliation or three years from the time it became known to them, to actually file suit under
Georgia'S WhistlebJower Statute. As referenced earlier in this paragraph, your clients were aware
of their transfers and told other law enforcement agents they asserted knowledge of their belief of
retaliation for the CNT investigation into alleged, corrupt Metro police officers. Thus, your clients
had one year from the date of these transfers to bring suit pursuant the Whistleblower Statute.
Hence, any claim against the County is untimely.
Department.
As to the facts of this case, both of your clients were employees of the City of Savannah.
Neither has been within the control of the County since October 2010. Additionally, documents
provided pursuant to the Open Record Act request reflect that then Director of CNT, Roy Harris,
acted upon the allegations made by your clients with all professional care. Not only did Director
Harris report this matter to his superiors within the County government, he reported the alleged
conduct to P.Q.ST. and the Federal Bureau ofInvestigation. Simply put, there is nothing more the
County, CNT or its employees could have done to protect the investigation that your clients were
involved in while on assignment to CNT. Factually, the claims of both your clients lack all merit
against the County.
Finally, this letter will constitute a demand pursuant to D.C.G.A. 51-7-84 that any suit
brought by either of your clients be dismissed or not filed as the suit is totally meritless. As outlined,
you are or should be aware that your claims lack all legal merit. Please be advised that if you should
elect to pursue this matter, the County will not only aggressively defend itself in your meritless
action, but it will also seek damages as allowed by law, including costs, expenses oflitigation, and
reasonable attorney's fees. Moreover, the County reserves the right to assert all other claims to which
it is entitled.
R1H/dkm
cc:
Chainnan and Board of Commissioners

124 BULL STREET
ROOM 240
FI, JONATHAN HART
COUNTY ATTORNEY
JENNIFER R. BURNS
ASSISTANT COuNTY ATTORNEY
PLEASE REPLY TO.
P.D BOX 8161

SAVANNAH. GEORGIA 31412
91211152-7881
FAX 9121852-7887
December 10,2013

Attorneys at Law
410 E. Bay Street
Savannah, GA 3140]
Re:
Claims of Lawrence Harris
Dear Mr. Claiborne:
I am in receipt of your ante litem notice for Lawrence Harris. For the reasons set forth below,
the County denies all liability in these matters.
In your notice you allege dates of injuries to be from 2010 until the end of his employment.
Mr. Harris's employment terminated on January 5, 2011.
Your client was transferred from CNT back to the Savannah Chatham Metropolitan Police
Department in October 0[2010. At that moment, any alleged retaliation was known to your client.
Pursuant to O. C. G.A. 36-11-1, your client had one year from the date of injury to serve written notice
upon the County. You did not provide that notice until December 4,2013, more than three years
later.
Additionally, pursuant to O.C.G.A. 45-1-4, your client had either one year from the date of
the retaliation or three years from the time it became known to him to actually file suit under the
Georgia's Whistleblower Statute. As referenced earlier in this paragraph, your client was aware of
his transfer and termination. Thus, your client had one year from the date of that transfer to file suit.
Even assuming the end of his employment was the trigger date, for statute purposes he is out oftime
by almost 23 months to bring suit pursuant the Whistleblower Statute. Hence, any claim against the
County is blatantly out of time.
Department.

Page 2
As to the facts of this case, your client was an employee of the City of Savannah. He has not
been within the control of the County since October 2010. Additionally, documents provided
pursuant to the Open Records Act request reflect that then Director of CNT, Roy Harris, acted upon
the allegations made by your client with all professional care. Not only did Director Harris report
this matter to his superiors within the County government, he reported the alleged conduct to
P.O.S.T. and the Federal Bureau ofInvestigation. Simply put, there is nothing more the County,
CNT or its employees could have done to protect the investigation that your client was involved in
while on assignment to CNT. Factually; the claims of your client lacks all merit against the County.
Finally, this letter will constitute a demand pursuant to O.C.O.A. 51-7-84 that any suit
to pursue this matter, the County will not only aggressively defend itself in your meritless action, but
entitled.
RJHldkrn
cc:
I \Subj eci F~le. Open\CIb,jm.!l\] (lui) l.&wrenct: (Lovetl)\Cwrboml: &hUlI'r'!!: liliS'lien and d~lt OfhlhHit)' ItUer 'Hpd

R. JONATHAN HART
124 BULL STREET

ROOM 240
COUNTY ATTORNEY
JENNIFER R. BURNS
PLEASE REPLY TO:
P.O. BOX 8161

9121852-7881
FAX 9121852-7887
February 24,2014

410 E. Bay Street
Savannah, GA 3140 I
Re:
Claims of Robert vonLowenfeldt
Dear Mr. Claiborne:

I am in receipt of your ante litem notice for Robert vonLowenfeldt. For the reasons set forth
below, the County denies all liability in these matters.
In your notice you allege dates of injuries to be from November 2005 until the end of his
employment. It appears Mr. vonLowenfeldt resigned from employment in 2012.
In your Jetter, you also allege that Mr. VonLowenfeldt was placed in a false and negative light
personally and with respect to his business reputation. Pursuant to O.C.O .A. 36-11-1, your client had
one year from the date of injury to serve written notice upon the County. You did not provide that
notice until January 2, 2014.
Upon investigation, we conclude the County Manager, Russ Abolt, was not aware of any
alleged criminal conduct by then-Chief Lovett. As would be proper, any and all criminal
investigations were returned to Metro for further action or to be handled through CNT.
Finally, this letter will constitute a demand pursuant to O.C.O.A. 51-7-84 that any suit
to pursue this matter, the County will not only aggressively defend itself in your meritless action, but
entitled.
William Claiborne, Esq.

Page 2
February 24,2014
Sincerely,
RJWdkm
cc:

1.lSubjt<;! ftlcs OpenIClainulVOI\LoW<l\fcldt (UlYClI)IClairbomc ibu';y< Utiaaticn and Genial oriIabUltJI I"..... wpc!

Attorney Will Claiborne Abusive Litigation Letter

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Attorney Will Claiborne Abusive Litigation Letter

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CHATHAM COUNTY ATTORNEY

124 BULL STREET

SAVANNAH, GEORGIA 31401

PLEASE REPLY TO:

William R. Claiborne, Esq.

Peter Delatorre, et ai., v. Willie Lovett, et al.

Dear Mr. Claiborne:

Moreover, your complaint referenced in paragraph 57 admits the same by acknowledging

date of transfer from CNT to MPD.

1:lLlTIGATION OPEN\DELATORRE, PETER, ET AL" CVI5-0879-ABICLAIBORNE ABUSIVE LITIGATION LETTERDOCX

From :Claiborne & Sur~ay

912 236 1884

The Claiborne Finn,

VVilliam R Claiborne, Savannah

Facsimile : 9K2.2J.6. i884

The Honorable Edna Branch Jackson

VlA CERTIFIED MAIL/RETURN RECEIPT

Stephanie Cutter, City Manager

Savannah, Georgia 31402

VIA CERTIFIED MAIL /RETURN RECEIPT

VIA CERTIFIED MAIL IRItTURN RECEIPT

The Honorable Al Scott

R. E. Abott, County Manager

Chatham County Commission Chairman

Savannah, Georgia 31401

Re: Claims of Mark Gerbino

From:Claiborne & Surmay

912 236 1884

#973 P.003 / 004

Mayor Edna Branch Jackson

Fo."mer Sergeant Malik Khaalis

Former Officer Willet Williams

Claiborne & Fox, LLC is 0/ counsel to The Claiborne Firm, P. C.

From:Claiborne & Surmay

912 236 1884

Mayor Edna Branch Jackson

Claiborne & Fox, LLC is ofcounsel to The Claiborne Firm, P. C.

912 236 1884

\Villiam R. Claiborne, Sa~nnah

Ruth F. Claiborne - Of Counsel

Y.lA CERTIFIED MAlL/RETURN RECEIPT

The Honorable Edna Branch Jackson

Stephanie Cutter, City Manager

ITA CERTIFIED MAIL !RET URN RECEIPT

VIA CERTIFIED MAIL IRETlJRN RECEIPT

The Honorable AI Scott

R. E. Abolt, County Manager

Be: Claims of Peter Delatorre

912 236 1884

Stephanie Cutter, City Manager

For the Firm

Claiborne & For, LLC is a/counsel to The Claiborne Fiml. P.C.

From:Claiborne & Surmay

912 236 1884

William R. Claiborne, Savannah

Ruth F. Claiborne - Of Counsel

VIA CERTIFIED MAILtRET[}RJVRECEIPT

The Honorable Edna Branch Jackson

Stephanie Cutter, City Manager

Jt7A CERT.l.FIED MAlL/RETURN RECEIPT

f7A CERTIFIED MAIL IRETlJRlVRECEIPT

The Honorable AI Scott

R. E. Abolt, County Manager

P.O. Box 8161