The owner of the Atmore News and three others are suing after being arrested in 2023 for revealing grand jury secrets.
Owner and Escambia County Board of Education (BOE) member Sherry Digmon, reporter Don Fletcher, Escambia County School BOE member Cindy Jackson, and payroll supervisor for the BOE Ashley Fore plan to file the suit.
The Institute for Justice (IJ) is representing the “Atmore Four.”
“Rather than let a political disagreement be settled at the ballot box, a district attorney and sheriff waged a campaign of retaliation resulting in the arrests,” the IJ stated in a press release. “Now, the ‘Atmore Four’ are suing with the Institute for Justice over the violation of their constitutional rights.”
“Americans must be able to participate in their government without fear that they’ll be labeled as political enemies, investigated, and punished for exposing corruption,” said IJ Attorney Jared McClain. “Sherry, Don, Cindy, and Ashley were just doing their jobs and what they knew was right. But because that got in the way of what the district attorney and sheriff wanted, they ended up in jail. We need the courts to hold government officials accountable when they abuse their power.”
The three faced felonies that could’ve landed them in jail for three years. However, retired Autauga County Circuit Judge Ben Fuller dismissed the cases.
Attorneys from the IJ say the firing of former Escambia County Superintendent Michele McClung sparked actions that led to the charges. As the owner of a local newspaper, Digmon published stories about the school system in which she served on the board. Attorneys say she and the other plaintiffs were doing their jobs and honoring their civic duties.
“Throughout this ordeal, and to this day, people ask me if we’re going to ‘let them get away with this,’” said Digmon. “Not only was the injustice blatantly evident to us, but it was evident to the general public as well. Don and I were doing our job as community newspaper reporters. I was upholding my oath as a school board member. Certainly, nothing was unlawful about either act. However, when someone with a little power disagreed with us, they had us arrested. What an abuse of their oath. No, I don’t want to ‘let them get away with it.’ I don’t want anyone else to go through the seven months I went through until the charges were dropped. I look forward to justice being served in hopes we can keep something like this from happening to someone else.”
Escambia County District Attorney Stephen Billy, Sheriff Heath Jackson and four deputies are listed as defendants in the lawsuit, which was filed in the U.S. District Court, Southern District of Alabama, Mobile Division.
“The Atmore Four were doing nothing more than their jobs and civic duty,” the IJ release stated. “The U.S. Constitution protects Americans’ rights to speak their minds and to be free from unreasonable searches and arrests. The Four are suing Billy and Sheriff Jackson for violating their First and Fourth Amendment rights.”
“In the United States, elected officials, citizens, and journalists must feel free to express differences of opinion; that’s what makes American democracy work,” said IJ Attorney Brian Morris. “But when those in power intimidate and retaliate against their opponents, that strikes at the core of the Constitution.”
Sherry Digmon vs District Attorney Stephen Billy Atmore Alabama Complaint by Erica Thomas on Scribd
To connect with the author of this story or to comment, email erica.thomas@1819news.com.
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