Former Maggie Valley Police Chief sues town: Suit alleges wrongful termination, coverup of criminal activity
Former Maggie Valley Police Chief Russ Gilliland is suing the town for wrongful termination following what he alleges was the unlawful “cover-up of criminal activity.”
Gilliland was originally hired by MVPD in 1985, left for several years and rejoined the department in 2006 after serving in other law enforcement roles in other jurisdictions. He became chief in 2017 and was fired on May 11, 2023.
However, prior to his firing, Gilliland stirred some controversy when he accepted a job as the Black Mountain Police Chief, only to back out and keep his position at MVPD. At the time, he told regional media that an overwhelming community response prompted the reversal.
“I have to say that I was humbled by the amount of support and just not wanting me to leave,” he told the Asheville Citizen-Times.
The suit, filed on Gilliland’s behalf by Charlotte attorney Michael Elliot, claims the former police chief’s firing last year was retaliatory and that it caused damage to his reputation, causing him to be “effectively stripped of his career in law-enforcement.” His termination letter from the town stated that the decision to fire him was made after a “third-party assessment.”
“The Town has determined that there are numerous issues arising out of and related to the police department including, without limitation, policy issues, fiscal management issues, leadership issues, personnel issues, and confidentiality issues,” that letter read. “As a result, the Town has lost confidence in your ability to lead the police department, to supervise subordinates, and to ensure that the investigative activities of the police department are fair and in accordance with the law.”
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The suit, filed Sept. 13 in Haywood County Superior Court, claims that Gilliland had an exemplary performance record prior to his suspension and ultimate termination.
“He was trusted, reliable, and knowledgeable, and in more than twenty years in law enforcement — including nearly twenty years in Maggie Valley — he never had a disciplinary issue or reprimand, and consistently earned excellent performance evaluations, prior to the events described below,” the suit reads.
However, the suit alleges that when Vickie Best was promoted from Maggie Valley town clerk to town manager, Gilliland’s performance was “baselessly questioned for the first time.”
The suit claims this began when Gilliland investigated the criminal activity of Best’s son, Thomas Medford, who according to the suit was “well known in the area for being involved in criminal activity, specifically as a habitual user of narcotics, and as having a propensity for violence.”
A review of Medford’s record shows that he has been charged in the past with various robberies and larcenies, kidnapping and several assaults, including assault with a deadly weapon with intent to kill. He currently has pending drug charges, as well as assault on a female and assault with a deadly weapon. He was supposed to have those cases heard in court on Sept. 11 but failed to appear.
At the time when Gilliland began looking into the most recent criminal activity, Medford lived with his mother.
On Jan. 13, 2023, about two weeks after Best got the nod to go from interim town manager to gaining the job permanently, officers were called to her residence for a domestic disturbance, investigating an allegation that she had been assaulted by her son.
“When the officers arrived, they discovered handgun ammunition and blood on the living room floor and in the bedroom of the residence,” the suit reads. “The officers also noted drug paraphernalia in the residence. The son had left the scene, but the Town Manager was still present. She denied any assault had occurred, refused to cooperate with any investigation and eventually, the officers left the scene without taking any formal action.”
According to the suit, Gilliland became concerned that a full and proper search of the residence hadn’t been conducted, that the assault hadn’t been fully investigated and “the actions of officers on the scene could be perceived of as showing favoritism towards the Town Manager.”
Gilliland told Best he would need to visit her residence to discuss the matters with her son. A few days, later, he met with Medford to talk one-on-one. With Medford’s consent, Gilliland searched his bedroom and allegedly found a marijuana pipe and an empty bag containing “marijuana residue.” He seized the items and logged them into evidence at the police station. The suit claims that shortly thereafter, Gilliland had a conversation with his captain, Matthew Boger — who is now the chief — and expressed concerns a full investigation wasn’t pursued, especially considering Medford’s history of violent crimes, a pattern that could worsen over time if left unchecked.
“The Captain, despite Officer Gilliland’s admonitions, did not pursue the investigation or charges against the son. He did, however, within two weeks of the incident, lodge a baseless complaint against Officer Gilliland in regards to standby pay. The complaint was researched, investigated and ultimately dismissed following the recommendations of independent counsel,” the suit reads.
The suit alleges that not long after that complaint against Gilliland was filed, Best sent an email to MVPD officers inviting them to share any concerns or “problems in the department” with her.
“Over the following two months, Officer Gilliland noted a sharp turn in the Town Manager’s attitude towards him,” the suit reads. “Specifically, she was cold and hostile to him, largely ignored him when he spoke, and seemed angry with him. Additionally, she left him out of certain meetings and excluded him from a project in which he should have played a part.”
On April 10, 2023, Best requested a meeting with Gilliland, during which she read a number of concerns related to his performance. The suit claims it was the first time anyone had questioned his performance or leadership.
“The concerns were either baseless, trivial or mischaracterized,” the suit reads, further alleging that the issues raised were retaliatory as she was angered by the investigation into her son.
“It was also clear to Officer Gilliland that his Captain had been providing confidential information to the Town Manger at her request,” the suit later reads.
On April 18, 2023, Gilliland received a letter informing him he was suspended pending an investigation. A month later, he received his letter of termination.
While the lawsuit claims the firing was unlawful and retaliatory, noting that the allegations in the termination letter were all false, a story at the time from The Mountaineer provided an example of what the town considered Gilliland’s poor judgment when, following an incident, he gave away one of the town’s two police K9s instead of either allowing the dog’s handler to purchase it or declaring it surplus, something the town board actually voted in favor of.
The suit calls for relief based on the fact that the town wrongfully fired Gilliland for refusing to engage in unlawful conduct to cover up criminal activity, which led to loss of income, benefits and professional reputation. It also alleges that Gilliland suffered mental anguish and emotional distress.
Gilliland is seeking to be reinstated with full backpay and benefits, as well as compensatory damages and legal fees.
Best, Boger and Maggie Valley Mayor Mike Eveland were all contacted by The Smoky Mountain News but declined to comment.
