An ex-cop who shot his sergeant last year is suing his former Virginia police department, claiming he fired at his superior in self-defense when the man sexually assaulted him.
Ex-James City County cop Michael Rusk accused the county and its police department of failing to stop years of alleged sexual harassment by Sgt. Christopher Gibson before the shooting.
The discrimination lawsuit, filed in June in US District Court, comes after Rust shot and wounded Gibson outside a local bar in January 2023, according to reports. He’s facing malicious wounding and gun charges stemming from the incident.
Rusk, 26, insists he’s the real victim in legal papers and is seeking $5.5 million in damages, but Gibson’s lawyer argued in an email to The Post the allegations against his client are false.
Between December 2021 and January 2023, Gibson made unwelcome sexual advances toward Rusk, his subordinate while on- and off-duty by handholding, touching, slapping Rusk’s behind, stalking and making sexual comments, according to the lawsuit.
The two at one point started using a location tracking app in September 2022 at Rusk’s suggestion as a safety tool. But Gibson would use it to locate and follow Rusk, the lawsuit alleges.
When Rusk stopped using the app, it upset Gibson even though the officer still used it for his work phone, according to the lawsuit.
“I’m mildly offended,” Gibson texted him, according to court exhibits.
Gibson also allegedly tracked Rusk’s location using a mobile data computer.
Gibson started most texts exchanges between him and Rusk, though the cop didn’t object to the messages, according to conversations presented by Rusk in his lawsuit that was also reported on by the Virginian Pilot.
“Just a reminder that you’re really attractive,” Gibson wrote in Dec. 2022 with a smiley face emoji, according to the newspaper. Rusk replied with the “grinning with sweat” emoji and a blue heart.
Another exchange involved Gibson texting “Mikey coming to daddy?? Mikey not,” with Rusk texting back awhhhhhh honey, big sad face too.”
But the lawsuit argues Rusk fell “prey” to Gibson’s “grooming” and felt he had to appease his boss in the text exchanges.
“Mr. Rusk has been subject to illegal and intolerable conditions, including statements and other inappropriate and unwanted behaviors from [Gibson] that created an offensive and hostile work environment,” the complaint states
“Such behavior and actions were ignored by the Defendants, because Mr. Rusk is a male.”
Gibson’s lawyer Nicholas Simopoulos called the allegation “false and malicious.”
“Such harassment simply did not occur. Instead, Mr. Gibson is the victim of a serious, unprovoked, and unjustified attack at the hands of Mr. Rusk,” he said in an email.
“Mr. Gibson is confident the judicial system will run its necessary and vital course, find Mr. Rusk responsible for his actions, and ultimately reveal these latest allegations to be a sad and unsuccessful effort to deflect from the same.”
A police spokesperson declined comment on the lawsuit, according to the Virginian Pilot, but stated, “We take the allegations very seriously. We are very committed to keeping a safe and hospitable workplace for all of our employees.”
The shooting happened after Gibson “forcefully prevented” Rusk from getting away from him and began sexually assaulting him, the lawsuit claims.
“Rusk was left with no other viable option but to reasonably defend himself,” the lawsuit alleges.
Rusk called 911 after he shot Gibson, claiming over the phone it was self-defense.
“I told him ‘no’ and he just kept going. I told him to stop. He kept going. I thought he was gonna rape me,” Rusk said, according to audio obtained by WAVY.
Rusk was fired from the job earlier this year after he was initially placed on leave. His criminal trial is set for later this year.
Gibson, 40, retired from the department in May and it was his decision, the Virginian Pilot reported.
