STATE OF SOUTH CAROLINA

COUNTY OF BERKELEY

IN THE COURT OF COMMON PLEAS

FOR THE NINTH JUDICIAL CIRCUIT

GRAYLNN BAXTER MORAN, JR., )

) Case No.
Plaintiff, )
vs. )
)
MICHAEL A. LOCKLIEAR, in his official )
and individual capacities; )
BECKY ELLISON, in her official and )
individual capacities; )
WILLIAM HAMM; and )
THE TOWN OF MONCKS CORNER, )
)
Defendants. )

SUMMONS

TO THE DEFENDANTS ABOVE-NAMED:

YOU ARE HEREBY SUMMONED and required to answer the complaint herein, a copy

of which is herewith served upon you, and to serve a copy of your answer to this complaint upon

the subscriber, at the address shown below, within thirty (30) days after service hereof, exclusive

of the day of such service, and if you fail to answer the complaint, judgment by default will be

rendered against you for the relief demand in the complaint.

Moncks Corner, South Carolina

October 25, 2019 s/ Thomas M. Fernandez (Bar No. 103125)

Date FERNANDEZ LAW LLC
477 Whispering Breeze Lane
Summerville, South Carolina 29486
Phone: (843) 580-6045
Facsimile: (843) 970-1814
Tom@TomFernandezLaw.com
Attorney for the Plaintiff

1
 STATE OF SOUTH CAROLINA
COUNTY OF BERKELEY

IN THE COURT OF COMMON PLEAS

FOR THE NINTH JUDICIAL CIRCUIT

GRAYLNN BAXTER MORAN, JR., )

) Case No.
Plaintiff, )
vs. )
)
MICHAEL A. LOCKLIEAR, in his official )
and individual capacities; )
BECKY ELLISON, in her official and )
individual capacities; )
WILLIAM HAMM; and )
THE TOWN OF MONCKS CORNER, )
)
Defendants. )

COMPLAINT
(Jury Trial Demanded)

COMES NOW the Plaintiff Graylnn Baxter Moran, Jr., complaining of the Defendants,

Michael A. Lockliear, Becky Ellison, William Hamm, and The Town of Moncks Corner, asserting

and alleging as follows:

PARTIES

1. The Plaintiff, Graylnn Baxter Moran, Jr., is a citizen and resident of Berkeley County,

South Carolina.

2. The Defendant, Michael A. Lockliear, is a citizen and resident of Berkeley County, South

Carolina, is the Mayor of The Town of Moncks Corner, and may be served with process at

The Town of Moncks Corner Municipal Complex located at 118 Carolina Ave., Moncks

Corner, SC 29461.

3. The Defendant, Becky Ellison, is a citizen and resident of Berkeley County, South

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 Carolina, is the Recreation Director of The Town of Moncks Corner, and may be served

with process at The Town of Moncks Corner Municipal Complex located at 118 Carolina

Ave., Moncks Corner, SC 29461.

4. The Defendant, William Hamm, is a citizen and resident of Berkeley County, South

Carolina, is the owner and CEO of Charleston Officials SC, and may be served with process

at his residence at 216 Foxbank Plantation Blvd., Moncks Corner, SC 29461.

5. The Defendant, The Town of Moncks Corner, is a municipal government agency in

Berkeley County in the US state of South Carolina, and may be served with process at The

Town of Moncks Corner Municipal Complex located at 118 Carolina Ave., Moncks

Corner, SC 29461.

JURISDICTION & VENUE

6. The Court has jurisdiction over this case and these parties under S.C. Const. art. V, § 11.

7. Venue is proper in Berkeley County because the acts and/or omissions occurred in

Berkeley County, under the common law of South Carolina and S.C. Code Ann. § 15-7-30

(Supp. 2005).

8. Defendant Michael A. Lockliear resided in Berkeley County at the time these causes of

action arose.

9. Defendant Becky Ellison resided in Berkeley County at the time these causes of action

arose.

10. Defendant William Hamm resided in Berkeley County at the time these causes of action

arose.

11. Defendant The Town of Moncks Corner is a municipal government agency within

Berkeley County.

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12. The most substantial part of the alleged acts or omissions giving rise to these causes of

action occurred in Berkeley County.

BACKGROUND

13. Plaintiff, Graylnn Baxter Moran, Jr. (pronounced Gray-Lyn) has been an umpire at the

Moncks Corner Regional Recreation Complex since 2015 where he was initially paid by

The Town of Moncks Corner for his services.

14. Sometime during the 2018 Baseball Season, however, the business and management of

officiating over games was transferred to “Charleston Officials SC,” a private business

owned by Mr. William Hamm.

15. Graylnn’s pay for his officiating work with Charleston Officials SC was $25.00 per game;

he frequently officiated over three-games an evening about two-nights per week.

16. His average pay for officiating was approximately $1,200 per season.

17. All of his officiating responsibilities were performed exclusively at the Moncks Corner

Regional Recreation Complex.

18. On the evening of August 6, 2019, a Tuesday, Graylnn was officiating as the umpire over

three adult kickball games.

19. The final game of the evening was between the teams “Recreational Hazard,” (Hazard

hereafter) a team made up of mostly Town of Moncks Corner employees and family

members, and an out-of-town team called the “Toe Jammers.”

20. At the bottom of the eighth inning (these kickball games follow innings much like a

standard baseball game), Andrew Lockliear, the son of fellow teammate and Town of

Moncks Corner Mayor, Defendant Michael Lockliear, was “up to bat.”

21. Andrew’s kick placed him on first base where he stopped.

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22. Upon the kick of the second Hazard player, Andrew took second base.

23. When the third Hazard player kicked the ball, Andrew left second base, sprinted towards

third base, rounded third base, and headed to home plate for a score.

24. Simultaneously, as Andrew was rounding third base in his run to score, Graylnn was

moving from his normal “umpire position” behind the pitcher’s mound toward home plate

in anticipation of Andrew running home to score.

25. Just before reaching home plate, however, a Toe Jammers player “tagged” Andrew in the

back of the leg with the ball.

26. Appropriately, Graylnn called Andrew out at home and Andrew proceeded to his team

dugout without argument. Unfortunately, this did not end at Graylnn’s simple call of “out.”

27. Defendant, Mayor Michael Lockliear, again a Hazard player and father of Andrew, left the

dugout to argue the call.

28. The Mayor shouted as he approached Graylnn, “He was passed the plate. Are you stupid?”

Graylnn did not respond to the disparaging question from the Mayor and just stared at him,

believing him to be just another kickball player passionate about an umpire call of “out.”

29. Despite Graylnn’s silence, however, the Mayor continued his tirade and shouted, “That’s

ridiculous. You don’t need to be getting $25. You should be paying us $25!!! I can’t believe

this!”

30. Still unknowing that the Hazard player shouting was the Mayor of The Town of Moncks

Corner, Graylnn stated, “You’re a player for The Town of Moncks Corner. Calm down.

You’re representing the town.”

31. To this statement, the Mayor retorted angrily, “I own this town! You won’t have to worry

about representing this town anymore because you won’t be back out here.”

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32. The Defendant Mayor then began walking back to the dugout when Graylnn responded,

“Okay, that’s enough!”

33. That is when the Mayor spun around immediately and angrily threatened, “What are you

going to do about it?” after of which he returned to the dugout grabbing the fence, kicked

a water bottle, and continued to throw a tantrum.

34. Shortly after this display of anger, the game ended and Graylnn left the field immediately

due to his embarrassment and went to his truck.

35. Unfortunately, two days later, Graylnn received a text message from his boss, Defendant

William Hamm, discussing his work officiating games at the Moncks Corner Regional

Recreation Complex.

36. William text, “they need a break” wherein “they” being The Town of Moncks Corner.

37. Further, William stated in his text to Graylnn that Defendant Becky Ellison, Recreation

Director, “was put in a hard spot, a call is a call!”

38. Confused by this text message from his boss, Graylnn called William and asked what was

going on.

39. William Hamm explained that Ms. Becky Ellison called him on the phone and stated that

“someone above her did not want Graylnn back out there.” William further told Graylnn

that he then asked Ms. Ellison if Graylnn could still officiate out there as long as William

was present.

40. Defendant Becky Ellison responded, “Don’t do that to me please.”

41. Consequently, William told Graylnn not to show up at the Moncks Corner Regional

Recreation Complex any longer.

42. The Defendant Mayor completely embarrassed Graylnn Moran in front of scores of

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 attendees and players.

43. The Mayor of Moncks Corner, Defendant Michael Lockliear, used his political influence

and town authority to threaten Graylnn’s job as an umpire and even challenged him on

“What [he was] going to do about it.”

44. The Mayor executed his threat using his political influence to ensure Graylnn never

returned to officiate in The Town of Moncks Corner again.

45. The Defendant Mayor then went further and interfered with Graylnn’s working relationship

with Charleston Officials SC effectively getting Graylnn fired from his job.

46. This political misconduct is a serious threat to the service of elected office and to the

citizens of The Town of Moncks Corner.

FOR A FIRST CAUSE OF ACTION

Slander

47. Plaintiff realleges and reiterates the paragraphs above as if restated verbatim here.

48. The Plaintiff brings this cause of action for slander in that Defendant Mayor Michael

Lockliear shouted at Graylnn in front of scores of players and visitors that he was “stupid”

and that “You don’t need to be getting $25. You should be paying us $25!!!”

49. That the Defendant Mayor shouted at Graylnn that he “owned” The Town of Moncks

Corner and that Graylnn would not “have to worry about representing this town anymore

because you won’t be back out here.”

50. That the Defendant Mayor instructed and Defendant Becky Ellison did call Defendant

William Hamm, Graylnn’s boss at Charleston Officials SC, to inform him that “someone

above her did not want Graylnn back out there.”

51. That the Defendant William Hamm terminated Graylnn from future employment after the

Defendant, Becky Ellison, told him that, “someone above her did not want Graylnn back

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 out there.”

52. That Graylnn’s reputation has been slandered and that the accusations are false.

53. That Graylnn believes that the Defendant Mayor and Becky Ellison are liable for slander

per se because the Defendant Mayor not only threatened Graylnn at the ballfield that he

would not return, he executed his threat using his political influence to guarantee that

Graylnn indeed never did return to officiate in The Town of Moncks Corner again.

54. That Graylnn has damages including emotional distress, attorney’s fees from this action

and damages to his reputation including loss of income.

55. That Graylnn requests judgment on this cause of action for actual damages, punitive

damages and costs.

FOR A SECOND CAUSE OF ACTION

Conspiracy

56. Plaintiff realleges and reiterates the paragraphs above as if restated verbatim here.

57. Defendants, Mayor Michael Lockliear, Recreation Director Becky Ellison, and Charleston

Officials CEO William Hamm conspired among themselves and/or with third parties,

including, but not limited to, agents or representatives of The Town of Moncks Corner, for

the purpose of injuring Graylnn.

58. That this conspiracy included ensuring Graylnn would not ever return to the officiate at the

Moncks Corner Regional Recreation Complex.

59. That the Defendant’s schemed to deprive Plaintiff of liberty – or the property rights he had

in his employment – by conspiracy which was an agreement between Defendant’s Michael

Lockliear and Becky Ellison and William Hamm.

60. As a direct and proximate result of the actions and conduct of the Defendant Mayor, Becky

Ellison, and William Hamm, Graylnn, directly or indirectly, suffered special damages as

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 set forth herein, including, but not limited to, loss of income.

61. That Graylnn requests judgment on this cause of action for actual damages, punitive

damages and costs.

FOR A THIRD CAUSE OF ACTION

Intentional Infliction of Emotional Distress

62. Plaintiff realleges and reiterates the paragraphs above as if restated verbatim here.

63. Graylnn has suffered emotional distress from his ordeal which was caused by the

Defendants, most especially the Defendant Mayor, Michael Lockliear.

64. That the emotional distress was severe and immediate and the result of the Defendants’

actions.

65. Graylnn has been damaged including severe emotional distress, humiliation, degradation,

upsettedness and psychological distress to include loss of income.

66. Graylnn requests actual damages, punitive damages, and the costs of this action.

FOR A FOURTH CAUSE OF ACTION

Tortious Interference with a Contract

67. Plaintiff realleges and reiterates the paragraphs above as if restated verbatim here.

68. Graylnn Moran, Jr. had valid employment with Charleston Officials SC and William

Hamm that granted him the work responsibilities to officiate at the Moncks Corner

Regional Recreation Complex when requested by his employer.

69. Defendants’ Mayor Michael Lockliear and Becky Ellison had full knowledge of Graylnn’s

employment with Charleston Officials SC and William Hamm.

70. The Defendant Mayor intentionally induced Becky Ellison who in turn intentionally

induced William Hamm to terminate the employment relationship with Graylnn Moran.

71. Defendants had and have no lawful justification for their tortious interference with

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 Graylnn’s current and future employment with Charleston Officials SC and William

Hamm.

72. Graylnn has suffered and will continue to suffer damages due to Defendants’ tortious

interference with his employment with Charleston Officials SC.

73. Graylnn has suffered and will continue to suffer irreparable harm due to the Defendants’

tortious interference with his employment with Charleston Officials SC.

74. Graylnn requests actual damages, punitive damages, and the costs of this action.

PRAYER

FOR THESE REASONS, Plaintiff asks for judgment against Defendants for the following:

a. Actual damages in an appropriate amount determined by a jury;

b. Punitive damages in an appropriate amounted determined by a jury;

c. Pre-judgment interest where authorized by law;

d. Post judgment interest where authorized by law;

e. The costs of this action; and

f. All other relief the Court deems appropriate.

Respectfully submitted,

s/ Thomas M. Fernandez (Bar No. 103125)

FERNANDEZ LAW LLC
477 Whispering Breeze Lane
Summerville, South Carolina 29486
Phone: (843) 580-6045
Facsimile: (843) 970-1814
Tom@TomFernandezLaw.com
Attorney for the Plaintiff