LYONS KS December 29 2019 — A former Rice County Sheriff deputy who said he made at least three reports of wrongdoing in the department and was fired by Sheriff Bryant Evans is suing the Rice County Sheriff’s Office and Evans in federal court.

“I am not making any comment as to what the lawsuit pertains,” Evans said Friday.

Plaintiff Wesley B. Tanksley was hired in February 2017 and fired in January 2018. That was more than a year before Evans and Undersheriff Chad Murphy, also mentioned in the lawsuit, gained attention in spring 2019 for being wounded in an incident that involved a chase and ended when the suspect being pursued, David Madden, killed his father, Thomas Madden, and committed suicide.

Tanksley contends:

• He told Evans in July 2017 that other deputies were using their county patrol vehicles to work for a private security company owned by Undersheriff Murphy. The deputies at the time were on duty and in their sheriff’s office uniforms when working for the private security company. Also, he claimed Deputy Monty Payne was double-billing his time for the city of Geneseo and for the sheriff’s department when he attended Geneseo City Council meetings.
• In “retaliation” for that report, Evans verbally counseled Tanksley, then issued a verbal reprimand for making changes to his timesheet after the deadline, and then issued a written warning and placed him on 90 days probation. The written warning included that he had refused to follow directives, such as how to wear his Taser, and that Evans had received a phone call from a crime victim’s father who said Tanksley failed to make contact with the victim during an investigation.

Tanksley made a second report in December 2017 to Evans contending:

• Undersheriff Murphy’s son, Caleb Murphy, had been working as a jailer and was only 19 years old. The younger Murphy had been carrying a concealed handgun on duty that was the property of the sheriff’s office. As a noncommissioned law enforcement officer, Caleb Murphy would have needed a state license.

The third report happened on the day Tanksley was fired. He claimed:

• He arrested and detained an individual for an outstanding arrest warrant, not knowing the individual had been arrested the previous night. Tanksley reported to Undersheriff Murphy that an officer who makes an arrest should prepare and enter an arrest report in the computer system. He suggested the sheriff’s office needed to train the deputies.

The day after the firing, Evans reported to the Kansas Commission on Peace Officers’ Standards and Training that Tanksley had ”’failed to adhere to policies and procedures,” “caused turmoil with the office” and failed to “listen to directions from supervisors,” according to the lawsuit.

The suit against the sheriff’s office and Evans contains five counts, including whistleblower retaliation, blacklisting, and retaliation for the exercise of First Amendment speech rights. Tanksley claims an inaccurate report by Evans to CPOST “created a stigma” on his reputation.

Tanksley seeks a trial by jury and a judgment in excess of $75,000 for his expenses. The suit was lodged Dec. 19 in U.S. District Court in Wichita. The defendants haven’t yet responded.

The Hutchinson News

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