BOS Statement Regarding Filing of Lawsuit Against Sheriff and County

On Tuesday, July 25, a lawsuit was filed in Loudoun County Circuit Court by former Sheriff’s Office Deputy Mark F. McCaffrey against Sheriff Michael L. Chapman and the county. The lawsuit contests the Sheriff’s decision not to reappoint former Deputy McCaffrey. As a Constitutional Officer, the decision fell under the Sheriff’s sole authority and was not under the purview of the county.

The Sheriff is represented by the Commonwealth of Virginia’s Division of Risk Management (DRM). The County Attorney represents the county. Although the Sheriff has an ability to appoint, not to appoint, or not to reappoint deputies pursuant to Virginia Code § 15.2-1603, the lawsuit alleges a federal Constitutional claim against the decision not to reappoint former Deputy McCaffrey; therefore, the County Attorney and counsel for the Sheriff will seek to have the case removed to federal court.

The county will not comment on matters involving personnel, particularly when they involve litigation. As a result, the Board of Supervisors, the County Attorney, and county employees will not comment further, or take any action, pending the outcome of the litigation.

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