IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF GEORGIA

REV. CURTIS BANKSTON, ) CIVIL ACTION FILE

SOPHIA BANKSTON, ) NO.___________

PLAINTIFFS, )

v. ) JURY TRIAL DEMANDED

CITY OF GRIFFIN, CITY OF )

GRIFFIN POLICE )

DEPARTMENT, CITY OF GRIFFIN )

POLICE CHIEF MICHAEL YATES, )

IN HIS PERSONAL CAPACITY, )

DEFENDANTS. )

COMPLAINT

COME NOW, Rev. Curtis Bankston and Sophia Bankston (Plaintiffs) by and

through their legal counsel Dexter M. Wimbish, GA Bar 769908, and files this

Complaint as follows:
 INTRODUCTION

This is a civil action under 42 U.S.C § 1983 seeking damages against

Defendants for committing acts, under color of law, with the intent and for the

purpose of depriving Plaintiffs of rights secured under the Constitution and laws of

the United States; for depriving Plaintiffs equal protection under the law; for

damaging Plaintiffs' reputations through an unfounded campaign of public

disparagement accompanied by the deprivation of Plaintiffs' property rights as

secured by the Fourteenth Amendment to the United States Constitution.

Plaintiffs also assert a State law defamation claim against Defendant

Michael Yates Plaintiffs including punitive damages against Defendant Yates, in

his individual capacity. Plaintiffs seek declaratory and injunctive relief,

compensatory damages, attorneys’ fees, and costs for Defendants' unlawful actions.

JURISDICTION AND VENUE

1. Plaintiffs' claims arise under the First and Fourteenth Amendments to the

United States Constitution, as made actionable by 42 U.S.C. § 1983.

Plaintiffs' claims present federal questions over which this Court has

subject matter jurisdiction pursuant to 28 U.S.C. § 1331 and 28 U.S.C. §

1343 (a).
2. Plaintiffs also assert defamation and invasion of privacy claims arising

under Georgia law, O.C.G.A. § 51-5-1, et seq. This Court has supplemental

jurisdiction of these state law claims pursuant to 28 U.S.C. § 1367.

3. This Court is a proper venue for Plaintiffs' claims under 28 U.S.C. § 1391(b),

because the parties are domiciled in the Northern District of Georgia and

because the unlawful conduct giving rise to Plaintiffs' claims occurred in

this District.

THE PARTIES

4. Plaintiff, Rev. Curtis Bankston is a citizen of the United States, a resident

of the Northern District of Georgia and subject to this Court’s jurisdiction.

5. Sophia Bankston is a citizen of the United States, a resident of the Northern

District of Georgia and subject to this Court’s jurisdiction.

6. Defendant City of Griffin, Georgia (“the City”) is a municipal corporation

organized under the laws of the State of Georgia and is, therefore, subject to

this Court's jurisdiction. The City may be served with process by serving its

Mayor, Douglass Holberg at 100 South Hill Street, Griffin, GA 30223.

7. Defendant Michael Yates is a resident of Griffin, Georgia and subject to this

Court's jurisdiction. Defendant Yates, Griffin Police Chief may be served

with process at 840 West Poplar Street, Griffin, GA 30224

1983.

FACTUAL ALLEGATIONS

9. Plaintiff, Rev. Curtis Bankston is a long-term resident of Georgia, who has

served as pastor for more than 30 years.

10. Plaintiff, Sophia Bankston is a long-term resident of Georgia and an active

member of the ministry, serving as the First Wife to Rev. Curtis Bankston.

11.Defendant Michael Yates serves as the appointed Chief of Police of the City

of Griffin. As specified herein, Defendant Yates is being sued in his

individual and official capacity.

12.On January 13, 2022, Plaintiff Pastor Curtis Bankston was arrested on

charges of false imprisonment and operating an unlicensed personal care

home in the City of Griffin located at 102 Valley Road, Griffin, Georgia.

13.On January 20, 2022, Plaintiff Sophia Bankston Sophia Bankston was

arrested on charges of false imprisonment and operating an unlicensed

personal care home in the City of Griffin located at 102 Valley Road,

Griffin, Georgia.

14.According to search warrant 22-SW-012013, the Griffin Police Department

was seeking evidence that a person had been kidnapped in violation of the
 laws of the State of Georgia or had been kidnapped in another jurisdiction

and is now concealed within the State of Georgia.

15. The Defendants were ultimately arrested and charged with the offense of

false imprisonment.

16. Since the date of the arrest, 365 days have expired, and neither Curtis

Bankston nor Sophia Bankston has been formally indicted for the charges for which

they were arrested.

17. Following the arrest, Police Chief Michael Yates issued a press statement

outlining the charges and made untrue accusations accusing the Plaintiffs of falsely

imprisoning residents of the home.

18. In addition, Chief Michael Yates questioned the authenticity of the ministerial

status of Pastor Curtis Bankston.

19. In addition, false allegations were made that the Defendants were managing

the finances of the individuals residing in the residence.

20. The statements by Griffin Police Chief Michael Yates were defamatory and

the press release was libelous.

anyone or that the Defendants committed any financial fraud at the local or state

level.

22. The Griffin Police Department has failed to identify the individual who was

the subject of the search warrant.

23. Defendant Curtis Bankston has been charged with a local ordinance violation

in the City of Griffin Municipal Court for the failure to register a business, but that

case has not been arraigned.

24. The matter was referred to the State of Georgia Attorney General’s office,

but no formal charges or indictment have been brought against the Plaintiffs.

25. On June 3, 2022, the City of Griffin, as required by law, submitted an anti-

litem notice detailing the claims against the City of Griffin and the City of Griffin

Police Department.

26. The Defendants were notified by Counsel that the City of Griffin and the

Griffin Police Department denied the claim for damages in the amount of

$10,000,000.
27. Due to the malicious prosecution the mother of Defendant Sophia Bankston

was forcibly removed from the Defendants who were her primary caregivers.

28. Defendants mother and mother law subsequently died causing extreme

mental anguish for the Defendants.

29. Plaintiffs this action under the United States Constitution for their false arrest,

malicious prosecution, defamation, slander, and libel.

30. Plaintiffs seek equitable relief, monetary damages, attorney fees and costs,

and a trial by jury.

Count One

42 U.S.C. § 1983 and Allegations

(False Arrest, False Imprisonment, Malicious Prosecution, and

31. Plaintiffs incorporate each of the above factual allegations as if fully restated

here.

31. The Equal Protection Clause of the Fourteenth Amendment to the United

States Constitution entitles Plaintiff to equal protection and equal treatment under

the law. Defendants violated Plaintiffs' rights to equal protection by, among other

things, subjecting Plaintiff to discriminatory and disparate treatment not otherwise

imposed on similarly situated persons and businesses.

32. The Plaintiffs were targeted by the Defendants on the belief that the Plaintiffs

were operating an unlicensed group home in a predominantly white neighborhood.

33. The Plaintiffs were in fact providing housing through a Christian based

ministry program that housed transitional individuals who could not provide

housing.

34. The Plaintiffs admit that they were in violation of the City of Griffin

requirement that a business operating within the city limits must register.
35. Before the unlawful arrest of the Plaintiffs, the Defendants had provided no

notice of any ordinance violation.

36. The Defendants failed to train their employees and officials from violating

the law in this manner. The Defendants and their employees and officials were

deliberately indifferent to the rights of the Plaintiffs by arresting the Plaintiffs after

their initial investigation failed to provide probable cause that a kidnapping had

occurred.

37. The action of the Defendants deprived the Plaintiffs of the liberty under

O.C.G.A § 51-7-40 as under the facts and circumstances, an objective law

enforcement agent after interviewing the alleged kidnapping victims and

determining that the individual was not a victim of kidnapping but in fact a

voluntary resident would not proceed to arrest the Plaintiffs but rather cite them

for an ordinance violation.

38. It should be noted that it is believed that City Manager Jessica O, Connor,

former Griffin City Attorney, was at the scene of the arrest and apparently agreed

with the decision to charge the Defendants with false imprisonment when it was

discovered that no kidnapping had taken place.

39. The public release of a press release claiming that the Plaintiffs were holding

individuals against their will was simply an attempt to cover up that the City of
 Griffin had arrested a pastor for trying to help people who were homeless. The

press release went viral.

40. The release of statements that the Defendants were managing the money of

residents were totally false and Defendants failed to dismiss charges against the

Plaintiffs and were meant to cast the Plaintiffs in a bad light to justify the false

arrest.

41. Plaintiffs have been irreparably harmed by Defendants' unlawful,

actions.

42. Defendants acted intentionally and with callous disregard for Plaintiffs'

known statutory and constitutional rights.

43. As a direct and proximate result of Defendants' actions Plaintiffs have been

deprived of rights to which they were entitled and suffered business damage and

loss of income and revenue as a result thereof.

44. Plaintiffs have been irreparably harmed by Defendants' unlawful defamatory

actions.

45. As a direct and proximate result of the Defendants' actions, the Plaintiffs

suffered damages including financial damage, emotional distress, mental anguish,

inconvenience, loss of income and benefits, humiliation, and other indignities.

46. Plaintiffs pray for compensatory attorneys’ fees, expert fees, costs, per se

damages, and pre-judgment and post-judgment interest.

Plaintiffs pray for punitive damages, without limits against Defendant Yates in his

individual capacity.
 Count Two

42 U.S.C. § 1983 Allegations

(Reputational Injury - Stigma Plus Against All Defendants)

48. Plaintiffs incorporate each of the above factual allegations as if fully

restated here.

49. Defendants embarked upon a public campaign designed to damage the

personal and business reputations of the Plaintiffs and deprive Plaintiffs of

property rights to which they are legally entitled in violation of the Fourteenth

Amendment to the United States Constitution by releasing a press release claiming

the Defendants had falsely imprisoned individuals against their will.

50. Defendants ignored statements from residents in the house who indicated

they were not being falsely imprisoned and falsely arrested the Plaintiffs while

acting under color of State and local law.

51. All of Defendants' defamatory actions and property deprivations were

accomplished pursuant to official policy and custom of the City or were

committed or authorized by officials whose acts can be fairly deemed to be the

actions and official policy and customs of the City and are a direct result of the

continued lack of diversity within the City of Griffin Police Department.

52. The Defendants failed to properly train its employees in a manner to prevent

the violation of Plaintiffs clearly established constitutional rights.

54. As a direct and proximate result of the Defendants' actions, the Defendants

have been deprived of the rights to which they were entitled and suffered personal

damage to their reputation and loss of income and revenue as a result thereof.

Plaintiffs have suffered damage to reputation, humiliation, embarrassment, mental

and emotional anguish and distress and violation of right to free speech as

protected under the Constitution as well as other compensatory damages, in an

amount to be determined by a jury and the Court.

55. Plaintiffs have been irreparably harmed by Defendants' unlawful and

defamatory actions.

56. The Plaintiffs pray for compensatory and punitive damages, attorneys’ fees,

expert fees, costs, per se damages, and pre-judgment and post-judgment interest.

Count Three

(State Law Defamation and Libel Claims against Defendant Police Chief
Michael Yates, In His Individual Capacity Only)

57. Plaintiffs incorporate each of the above factual allegations as if fully

restated here.

58. Defendant Yates intentionally, deliberately, and maliciously, made false,

defamatory and libelous statements about Defendants Rev. Curtis Bankston and

Sophia Bankston.
 59. Defendant Yates published each of these false, defamatory, and damaging

statements about the Defendants. The statements went viral with more than 10

million views on the internet and painted Rev. Curtis Bankston and Sophia

Bankston as monsters who had eight people locked up in a dark basement.

60. The publication of these false and defamatory statements was designed to

injure the Defendants personal reputation and professional trade. As such, these

statements were damaging per se.

61. To the extent Defendant Yates verbalized these false, defamatory, and

damaging statements about the Plaintiffs, Defendant Yates is liable for slandering

Plaintiffs.

62. Defendant Yates is liable for defaming Plaintiffs.

63. Defendant Yates is liable for public casting Plaintiffs in a false and negative

light.

64. Defendant Yates is liable for committing acts of slander

against Plaintiffs.

65. Defendant Yates has not offered a retraction of the defamatory statements

about Plaintiffs.

66. Defendant Yates acted with malice and with a reckless disregard for known

consequences and is therefore subject to an assessment of punitive damages.

Defendant Yates acted with a specific intent to harm the Plaintiffs.

68. The Plaintiffs pray for compensatory and punitive damages, attorneys’ fees,

expert fees, costs, per se damages, and prejudgment and post-judgment interest.

PRAYER FOR RELIEF

Plaintiffs respectfully request the following relief:

a. Declaratory judgment that Defendants violated Plaintiffs' rights under

the federal statute(s) above cited.

b. Injunctive relief permanently prohibiting the Defendants from

engaging in such unlawful conduct in the future and directing

c. For appropriate compensatory damages in an amount to be

determined at trial.

d. For appropriate equitable relief against all Defendants as allowed by

the Civil Rights Act of 1871, 42 U.S.C. Section 1983, including the

enjoining and permanent restraining of these violations, and direction

to Defendants to take such affirmative action as is necessary to ensure

that the effects of the unconstitutional and unlawful practices are

eliminated and do not continue to affect Plaintiffs, or others;

e. For an award of reasonable attorney’s fees and costs expended

pursuant to the Civil Rights Act of 1871, 42 U.S.C. Section 1988.

themselves justly entitled.

g. Punitive damages against Defendant Yates in his individual

h. Such other and further relief as the Court deems just and proper.

PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL ISSUES

SO TRIABLE.

Respectfully submitted:

Counsel for Plaintiffs:

s/ Dexter M. Wimbish
Ga. Bar No. 769908
dexterwimbish@bellsouth.net
420 Country Club Drive
Griffin, GA 30223
(770) 707-6555