A lobbyist who Atlanta’s inspector general recommended be barred from doing work with the city filed a federal lawsuit Thursday that accuses the government watchdog of constitutional violations.
The lawsuit filed by Bernie Tokarz — who owns security company Cloverhurst Strategies that contracts with the city — alleges Inspector General Shannon Manigault unlawfully obtained his private banking records and retaliated against him for speaking out against her investigative practices.
Just days ago, Atlanta’s city attorney accused Manigault of violating state law at least 50 times while issuing subpoenas during investigations. Those violations allegedly relate to a request in the subpoenas that banks not disclose her office’s demand for private bank records. Georgia state law mandates that banks alert their customers if records are pursued as part of any criminal or tax investigations, the city attorney said.
In dozens of subpoena’s obtained by the law department, the inspector general’s office included a line that stated “disclosure of the existence of this subpoena or its contents could impede the investigation being conducted and thereby interfere with the enforcement of law.”
The lawsuit filed by Tokarz argues the language violated his Fourth Amendment and 14th Amendment rights protecting citizens from unreasonable searches and seizures. The lawsuit seeks an injunction to prevent future violations and unspecified damages.
After Tokarz spoke out publicly against the inspector general, the lawsuit claims, Manigault violated his First Amendment right by retaliating with a “baseless” complaint against him with the Georgia Government Transparency and Campaign Finance Commission.
The inspector general’s office declined to comment on the federal lawsuit.
Manigault raised red flags about the city’s dealings with Tokarz’s company last summer during an investigation that the political insider didn’t disclose personal and financial ties with city employees and officials during the bidding process for a contract to provide security officers at city parks.
In her lengthy report, the inspector general pointed to connections Tokarz shared with council members Michael Julian Bond and Andrea Boone, although the watchdog office did not accuse the council members of any wrongdoing. Atlanta City Council approved a $1.5 million security contract with Cloverhurst Strategies despite the investigation’s findings.
In December, Tokarz’s attorney, Stephen Katz, then filed a lawsuit against the inspector general alleging the office failed to respond to an open records request for documents related to the investigation. In a statement regarding the most recent federal lawsuit, Katz said Manigault should be “accountable for violating citizens’ constitutional rights.”
“The Office of Inspector General, which is supposed to uphold ethical standards, has instead engaged in misconduct that disregards fundamental privacy protections and retaliates against individuals who speak out,” Katz said.
About the Author
The Latest
Featured
