Case 1:23-cv-01596 Document 1-1 Filed 11/22/23 Page 1 of 14 PageID# 5

EXHIBIT A
 Case 1:23-cv-01596 Document 1-1 Filed 11/22/23 Page 2 of 14 PageID# 6

SPS

COMMONWEALTH OF VIRGINIA
CIRCUIT COURT OF FAIRFAX COUNTY
4110 CHAIN BRIDGE ROAD
FAIRFAX, VIRGINIA 22030
703-691-7320
(Press 3, Press 1)

Girard Thompson vs. Fairfax County Public Schools et al.

CL-2022-0014728

TO: Scott Larson

c/o Fairfax County Public Schools
8115 Gatehouse Road
Falls Church VA 22042

SUMMONS - CIVIL ACTION

The party upon whom this summons and the attached complaint are served is hereby notified
that unless within 21 days after such service, response is made by filing in the Clerk's office
of this Court a pleading in writing, in proper legal form, the allegations and charges may be
taken as admitted and the court may enter an order,judgment or decree against such party
either by default or after hearing evidence.

APPEARANCE IN PERSON IS NOT REQUIRED BY THIS SUMMONS.

Done in the name of the Commonwealth of Virginia, on October 12, 2023.

JOHN T. FREY, CLERK

By: sew
Deputy Clerk

Plaintiff's Attorney: Thomas F. Hennessy

 Case 1:23-cv-01596 Document 1-1 Filed 11/22/23 Page 3 of 14 PageID# 7

SPS

COMMONWEALTH OF VIRGINIA
CIRCUIT COURT OF FAIRFAX COUNTY
4110 CHAIN BRIDGE ROAD
FAIRFAX, VIRGINIA 22030
703-691-7320
{Press 3, Press 1)

Girard Thompson vs. Fairfax County Public Schools et al.

CL-2022-0014728

TO: Andrea Morales

do Fairfax County Public Schools
8115 Gatehouse Road
Falls Church VA 22042

SUMMONS - CIVIL ACTION

The party upon whom this summons and the attached complaint are served is hereby notified
that unless within 21 days after such service, response is made by filing in the Clerk's office
of this Court a pleading in writing, in proper legal form, the allegations and charges may be
taken as admitted and the court may enter an order,judgment or decree against such party
either by default or after hearing evidence.

APPEARANCE IN PERSON IS NOT REQUIRED BY THIS SUMMONS.

Done in the name of the Commonwealth of Virginia, on October 12, 2023.

JOHN T. FREY, CLERK

By: sew
Deputy Clerk

Plaintiff's Attorney: Thomas F. Hennessy

 Case 1:23-cv-01596 Document 1-1 Filed 11/22/23 Page 4 of 14 PageID# 8

SPS

COMMONWEALTH OF VIRGINIA
CIRCUIT COURT OF FAIRFAX COUNTY
4110 CHAIN BRIDGE ROAD
FAIRFAX, VIRGINIA 22030
703-691-7320
(Press 3, Press 1)

GIrard Thompson vs. Fairfax County Public Schools et al.

CL-2022-0014728

TO: Merari Zemary

c/o Fairfax County Public Schools
8115 Gatehouse Road
Falls Church VA 22042

SUMMONS - CIVIL ACTION

The party upon whom this summons and the attached complaint are served is hereby notified
that unless within 21 days after such service, response is made by filing in the Clerk's office
of this Court a pleading in writing, in proper legal form, the allegations and charges may be
taken as admitted and the court may enter an order, judgment or decree against such party
either by default or after hearing evidence.

APPEARANCE IN PERSON IS NOT REQUIRED BY THIS SUMMONS.

Done in the name of the Commonwealth of Virginia, on October 12, 2023.

JOHN T. FREY, CLERK

By: sew
Deputy Clerk

Plaintiff's Attorney: Thomas F. Hennessy

 Case 1:23-cv-01596 Document 1-1 Filed 11/22/23 Page 5 of 14 PageID# 9

VIRGINIA:

IN THE CIRCUIT COURT OF FAIRFAX COUNTY CIVIi

' OCI 28 p 3: 27.

GIRARD THOMPSON, * n FoSIC^J'•"HEY
*
Plaintiff, +

*
V.

FAIRFAX COUNTY PUBLIC SCHOOLS, *

*
SCOTT LARSON,
*

Individually and in his official capacity

as an employee ofFairfax County Public ^ Case no.
Schools.
2022014728
MERARI ZEMARY,and ' *
*
Individually and in her official capacity *
as an employee ofFairfax County Public ♦
Schools.
*

ANDREA MORALES, *

Individually and in her official capacity

as an employee ofFairfax County Public
Schools.

Defendants.

SERVE:Fairfax County Public Schools

Gatehouse Administration Center
8115 Gatehouse Road
Falls Church, VA 22042

SERVE: Scott Larson

do Fairfax County Public Schools
8115 Gatehouse Road
Falls Church, VA 22042

SERVE; Merari TSemary

do Fairfax County Public Schools

Page 1 of5
 Case 1:23-cv-01596 Document 1-1 Filed 11/22/23 Page 6 of 14 PageID# 10

8115 Gatehouse Road

Falls Church, VA 22042

SERVE: Andrea Morales

c/o Fairfax County Public Schools
8115 Gatehouse Road
Falls Church, VA 22042

COMPLAINT

COMES NOW Plaintiff GIRARD THOMPSON ("Plaintiff' or "Mr. Thompson"), by

counsel, and respectfully brings this claim alleging malicious prosecution against Defendant

SCOTT LARSON ("Defendant Larson" or "Mr. Larson"), Defendant MERARIZEMARY

("Defendant Zemary" or "Ms.Zemary") and Defendant Fairfax County Public Schools

("FCPS"), and Defendant AUDREY MORALES("Defendant Morales" or "Ms. Morales"),

collectively,"Defendants." In support thereof, Plaintiffsets forth the following:

PARTIES

1. Plaintiffis a citizen of the Commonwealth of Virginia, currently residing in

Bowling Green, Virginia. Plaintiff is a former employee of Defendant FCPS, having been

terminated in the summer of2018, based on the false allegations ofDefendants that give rise to

this action.

2. Defendant Lawson is a private individual and current employee ofFairfax County

Public Schools, and a former coworker ofPlaintiff.

3. Defendant Zemary is a private individual and current employee of Fairfax County

Public Schools, and a former coworker ofPlaintiff.

4. Defendant Morales is a private individual and current employee of Fairfax County

Public Schools, and a former coworker of Plaintiff.

5. Defendant FCPS is the public educational system for Fairfax County, Virginia.

Page 2 of5
 Case 1:23-cv-01596 Document 1-1 Filed 11/22/23 Page 7 of 14 PageID# 11

JURISDICTION

6. Plaintiff was prosecuted in Fairfax County and the conduct of Defendants giving

rise to the claims asserted herein occurred in Fairfax County.

7. Defendants are citizens and residents of Fairfax County.

8. This Court has jurisdiction over Plaintiffs claims brought under 42 U.S.C. §

1983. See Maine v. Thiboutot, 448 U.S. 1 (1980).

9. Pursuant to Virginia Code §8.01-261, venue is appropriately laid in Fairfax

County

FACTS

10. Paragraphs 1 through 9 are incorporated herein as ifset forth in their entireties.

11. On or about June 29, 2018, in collusion with Defendants Lawson and Zemary,

Defendant Morales procured Plaintiffs arrest for alleged violation of Va. Code § 18.2-60 by

falsely and maliciously reporting to the Fairfax County Police that on June 29, 2018, Plaintiff

said to him "I'm going to shoot everyone in here before I go." The letter to Plaintiff from Scott

Larson, a copy of which is attached hereto as Exhibit "A," sets forth the deliberately false report

of this alleged threat of Plaintiff reported to or caused to be reported to the Fairfax County Police

Department by Defendants.

12. Staging the arrest of Plaintiff by manufacturing a criminal incident and spurring a

resulting police investigation was done deliberately by Defendants to provide an excuse to

terminate his employment with FCPS.

13. Without probable and relying only upon Defendant Morales's intentionally false

representation that Plaintiff had made the threat described in paragraph 11 of this Complaint,

Page 3 of5
 Case 1:23-cv-01596 Document 1-1 Filed 11/22/23 Page 8 of 14 PageID# 12

word, Plaintiff was arrested on or about June 29,2018, causing significant and irreparable

damage to his reputation and causing him to suffer mental anguish and embarrassment.

14. After his unlawful arrest on June 29, 2018, Plaintiff was put in a holding cell until

he was able to post bond.

15. Plaintiffs arrest was never lawful in the first place, and neither was his

imprisonment as a result. His false imprisonment was a direct consequence of his false arrest

resulting from Defendant Morales's call to police and the false statements to the police made by

the Defendants, which was used as a false pretense to fire Plaintiff.

16. Plaintiff was forced to be imprisoned until he was able to post a bond of$500.00.

17. On September 18, 2018, Plaintiff was found not guilty of the charge that he had

violated Va. Code § 18.2-60.

COUNT I. MALICIOUS PROSECUTION(VIOLATION OF FOURTH

AMENDMENT TO THE UNITED STATES CONSTITUTION AND 42 U.S.C. § 1983)

18. Paragraphs 1 through 17 are incorporated herein as if set forth in their entireties.

19. Defendants caused a seizure of the plaintiff pursuant to legal process unsupported

by probable cause and the ensuing criminal proceedings terminated in the plaintiffs favor.

20. Two(2)cases were brought against Plaintiff in the Fairfax County General

District Court's Criminal Division (case nos. GC18136850-00 and GC18139326-00).

21. Knowing that they had no lawful case against Plaintiff as the alleged incident was

completely fabricated, Defendants abandoned these proceedings and failed to appear to testify to

their own action.

22. On or about September 18, 2018, tlie above-numbered actions were disposed of

nolle prosequi.

Page 4 of5
 Case 1:23-cv-01596 Document 1-1 Filed 11/22/23 Page 9 of 14 PageID# 13

23. The record ofthe above-numbered charges, despite their disposition, has caused

additional and damaging scrutiny to fall on Plaintiff and his professional reputation. Defendant

FCPS not only terminated his employment, but their employees also engaged in systemic

harassment that damages his chances at obtaining further employment or other educational

and/or professional opportunities.

PRAYER FOR RELIEF

24. Paragraphs 1 through 23 are incorporated herein as if set forth in their entireties.

25. In consideration of the facts outlined above. Plaintiff requests the following relief:

a. S74,880.00 in lost wages;

b. $350,000.00 in punitive damages;

c. $1,000,000.00 compensation for Plaintiffs pain, suffering and humiliation;

d. $72,000.00 in lost retirement benefits; and

e. Reasonable attomey's fees and costs pursuant to 42 U.S.C. §1988.

WHEREFORE,Plaintiff requests that he be granted relief in the amount of

$1,496,880.00.

PLAINTIFF DEMANDS TRIAL BY JURY ON ALL ISSUES SO TRIABLE

Respectfully submitted.

THOMPSON
y Counsel

Thomas F. Hennessy, Esq.(VSB: 32850)

THE HENNESSY LAW FIRM,PLLC
4015 Chain Bridge Road, Suite G
Fairfax, Virginia 22030
(703)865-8836 Telephone
(703) 865-7633 Facsimile
thenncssv@virginiawage.net
Counselfor Plaintiff

Page 5 of5
 Case 1:23-cv-01596 Document 1-1 Filed 11/22/23 Page 10 of 14 PageID# 14

L -
I

^ * I 3irr3X County ORIce of Facilities Management

V* PUBLIC SCHOOLS
ENOAO..|.SP,RE.THe,VE ^°Fairfg^r2^g^^
July 24, 2018

Mr. GirartJ Thompson _ evumiT

7225 Dominion Drive I tAniDii
Oxen Hill, MD 20745

Dear Mr. Thompson,

A
This letter is to inform you of my decision to recommend your dismissal from Fairfax County
Public Schools(FOPS) as a Flooring Maintenance Technician, effective August 7, 2018.
This action is necessary due to your violation of FOPS Regulation 4429.4, Conduct and
Discipline^—Support Employees, which states that each employee is e>'pected tor ^Comply with a
proper order of an authorized supervisor;" "Refrain from any disorderly conduct;" "Exercise
courtesy and tact in dealing with fellow workers and the public;" "Behave in a professional
manner;""Exercise watchfulness in the performance of duties to eliminate potential hazards and
to protect coworkers and others;" and,"Render full, efficient, and competent service." Regulation
4429.4 also defines the following conduct as prohibited: "Threatening or assaulting anyone;
possessing a weapon on School Board property;" and, "Falling to cdhere to the policies and
regulations of Fairfax County Public Schools."

Additionally, Regulation 4293.6, Dismissal—Definition of Just Cause, cites: "Failure to work well
with other people and to be a constructive team member;" "Failure to meet and serve the public
in a satisfactory manner;" "Failure to devote necessary time and attention to responsibilities;"
"Improper or immoral conduct that adversely affects the employee's responsibilities or the schopl
system's mission;" "Engaging in behavior such as fighting, violence, or threatening violence
against others;" "Unprofessionalism;" and, "Noncompiiance with the regulations and policies of
the School Board, the state Board of Education, or the Code of Virginia," as just cause for
dismissal.

Specifically, on June 29, 2018, Merari Zemany, manager. Plant Operations, reported to me that
another employee explained to her that while receiving your daily work assignment the morning "
of June 28, 2018, another OFM staff member commented they were planning to retire soon. You
replied,"Me too, but I'm going to shoot everyone In here before I go." After hearing your comment
another OFM staff member asked,"Are you going to shoot me too?" Yoii replied,"Maybe. Maybe
not."

Witness testimonies confirmed that the threat you made against Q"M staff members was
unprovoked and unwarranted. Once the incident was reported to OFM officials, the Office of
Safety and Security (OSS) and the Department of Human Resources(CHR) was contacted. As
a result, OSS officials recommended this threat be reported to the Fairfax County Police
Department(FCPD). After the witnesses where interviewed by the FCPb, it was determined that
a warrant be issued for your arrest.

The FCPD charged you with an oral threat to commit bodily harm and placed you under arrest on
June 29. 2018, while you were performing your job duties at Woodlawn Elementary School
(Woodlawn ES). As a result of your threats of physical violence, it was determined that you would
be placed on paid administrative leave effective June 29, 2018, pending a law enforcement
investigation.
Case 1:23-cv-01596 Document 1-1 Filed 11/22/23 Page 11 of 14 PageID# 15

Girard Thompson
Page 2
July 24. 2018

During the law enforcement investigation, it was determined that additional charges be brought
against you. These charges were filed on July 2. 2018, and you turned yourself in to the FCPD
the morning of July 3, 2018.

Due to the egregious nature of your comments and the negative impact your behavior has caused
to the safety and security of the staff members within the Plant Operations section of OFM. I am
forwarding my recommendation for your dismissal from FCPS to DHR, Office of Equity and
Employee Relations (EER).

Within three (3) working days of receipt of this letter, you have the right to reply in writing and/or
to schedule an appointment with me to discuss any reasons why you believe this action should
not be taken. I will consider any written or verbal information that you provide in response to this
letter before my decision is confirmed or denied.

You will then receive a written response from the Department of Human Resources regarding my
recommendation to terminate your employment. If my recommendation is upheld, you would then
have the right to use the grievance process in accordance with School Board Regulation 4462.2,
Grievance Procedure—Support Employees.
This letter will become part of your official personnel file.

Larson,
Coordinator, Plant Operations

SL/ska

cc: Joe Lanham, Acting Director, Office of Facilities Management

Brian Crawford, Assistant Director, Office of Facilities Management
DHR, EER
Local file
Personnel File, ID# 126041
 Case 1:23-cv-01596 Document 1-1 Filed 11/22/23 Page 12 of 14 PageID# 16

AFFIDAVIT OF SERVICE

State of Virginia County of Fairfax Circuit Court

Case Number: CL-2022-14728

Plaintiff:
Girard Thompson
vs. o

Defendant: §0
-nrxO C3
<
r"
Fairfax County Public Schools, et al. C->
"o -n
ro
For: 3>orH -J om
Thomas Hennessy mo
The Hennessy Law Firm, P.L.L.C. 13 CO
>on
4015 Chain Bridge Road :z
Suite G Q
4="
Fairfax. VA 22030

Received by Advanced Process, LLC to be served on Scott Larson c/o Fairfax County Public Schools
> Individually and in his official capacity as an employee of Fairfax County Public Schools,5025
Sideburn Road, Fairfax, VA 22032.

I, Mark Simons, being duly sworn, depose and say that on the 26th day of October, 2023 at 11:21-aTri;Tr'

INDIVIDUALLY/PERSONALLY served by delivering a true copy of the Summons - Civil Action,

Complaint and Exhibit A with the date and hour of service noted above to: Scott Larson c/o Fairfax
County Public Schools - Individually and In his official capacity as an employee of Fairfax County
Public Schools at the address of: 5025 Sideburn Road, Fairfax, VA 22032, and informed said person of
the contents therein, in compliance with state statutes.

1 certify that I am over the age of 18, have no interest in the above action, and am a Certified Process
Server, in good standing, in the judicial circuit in which the process was served.

Mark Simons
Subscribed and Sworn to before me on the 26th Process Server
day of October, 2023 by the affiant who is
jonally known to me. Advanced Process, LLC
7715 Huntsman Blvd.
Springfield, VA 22153
NOTAR
(703)451-5555

Our Job Serial Number: AVP-2023132087

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 Case 1:23-cv-01596 Document 1-1 Filed 11/22/23 Page 13 of 14 PageID# 17

AFFIDAVIT OF SERVICE

State of Virginia County of Fairfax Circuit Court

Case Number CL-2022-14728

Plaintiff:
Girard Thompson
« o
vs.
rn-

Defendant:
Fairfax County Pubiic Schools, et at. Ti -n
roGz:
N>
o^
For: orn
Thomas Hennessy V
The Hennessy Law Firm, P.L.LC. >orn 02
fo
4015 Chain Bridge Road cz^ 2
Suite G 4=- Q
JO
Fairfax. VA 22030

Received by Advanced Process, LLC to be served on Andrea Morales c/o Fairfax County Public
Schools - Individually and in his official capacity as an employee of Fairfax County Public Schools,
5025 Sideburn Road, Fairfax, VA 22032.

I, Mark Simons, being duly sworn, depose and say that on the 26th day of October, 2023 at 11:24 am, I:

INDIVIDUALLY/PERSONALLY served by delivering a true copy of the Summons - Civil Action,

Complaint and Exhibit A with the date and hour of service noted above to: Andrea Morales c/o Fairfax
County Public Schools - Individually and in his official capacity as an employee of Fairfax County
Pubiic Schools at the address of: 5025 Sideburn Road, Fairfax, VA 22032, and informed said person of
the contents therein, in compliance with state statutes.

I certify that I am over the age of 18, have no interest in the above action, and am a CerUfied Process
Server, in good standing, in the judicial circuit in which the process was served.

Mark Simons
Subscribed and Sworn to before me on the 26th Process Server
day of October, 2023 by the affiant who is
personally known tp^me. Advanced Process, LLC
7715 Huntsman Blvd.
Springfield, VA 22153
TARYP
(703)451-5555

Our Job Serial Number AVP-2023132086

iSi: i'"5
;ff

Copyright © 1992-2023 DroamBuilt Software. Ina - Process Server's Toolbox V8.2r

 Case 1:23-cv-01596 Document 1-1 Filed 11/22/23 Page 14 of 14 PageID# 18

AFFIDAVIT OF SERVICE

filed !.
State of Virginia County of Fairfax Q\VIL PROCESSIN circuit Court
Case Number: CL-2022-14728 MB 0C\ 25 p ®
Plaintiff:
Girard Thompson
vs.

Defendant:
Fairfax County Public Schools, et al.

For:
Thomas Hennessy
The Hennessy Law Firm, P.L.L.C.
4015 Chain Bridge Road
Suite G
Fairfax. VA 22030

Received by Advanced Process, LLC to be served on WIerari Zemary c/o Fairfax County Public
Schools - Individually and in his official capacity as an employee of Fairfax County Public Schools,
5025 Sideburn Road, Fairfax, VA 22032.

1, Mark Simons, being duly sworn, depose and say that on the 23rd day of October, 2023 at 2:19 pm, 1:

JNDIVIDUALLY/PERSONALLY served by delivering a true copy of the Summons - Civil Action,

Complaint and Exhibit A with the date and hour of service noted above to: WIerari Zemary c/o Fairfax
County Public Schools - Individually and in his official capacity as an employee of Fairfax County
Public Schools at the address of: 5025 Sideburn Road, Fairfax, VA 22032, and informed said person of
the contents therein, in compliance with state statutes.

I certify that i am over the age of 18, have no interest in the above action, and am a Certified Process
Server, in good standing, in the judicial circuit in which the process was served.

Mark Simons
Subscribed and Sworn to before me on the 24th Process Server
day of October. 2023 by the affiant who is
pe(S^ally;known to me. Advanced Process, LLC
IX 7715 Huntsman Blvd.
Springfield, VA 22153
NOTARY PUBLIC
(703)451-5555

Our Job Serial Number; AVP-2023132085

W-.
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