In their response, they ask for the motion to strike the lawsuit to be denied. In Nabors’ amended lawsuit, she claimed Sheriff Lewis violated her Fourth Amendment right during a “seizure” when he allegedly drugged her. Nabors’ attorneys did agree with the Defendants that the Fourth Amendment claim presented should be dismissed.
“The Fourth Amendment doesn’t usually have applicability in the employment context,” civil attorney, John Reckenbeil said. “The Fourth Amendment is usually dealt with when you’re talking about police brutality.”
Reckenbeil says just because Nabors agrees that should be taken out of the lawsuit, it doesn’t mean it’s not true.
“You wouldn’t be necessarily saying ok that fact didn’t happen…What you’re saying is that law that I asserted is not the law that I should have asserted to bring that specific cause of action,” Reckenbeil said.
However, he does think part of the lawsuit is getting lost.
“The plaintiff has to prove that she was constructively discharged, and I think that is being missed here because that is essential,” Reckenbeil said.
He says Nabors has to show the she could not tolerate her job through all of the allegations she claimed.
“If you are in a federal court room and you don’t allege these facts, of this detailed in nature, you will be dismissed because of the fact that we’re required to plead with specificity,” Reckenbeil said.
Nabors’ attorneys also point to the numerous calls for resignations by state and local lawmakers to back up their claim that Lewis misused public funds to further his desired affair. She says those calls were brought on by press conferences Lewis held and not her doing.
Despite calls from the governor, lieutenant governor, county council members and others to step down, Lewis will remain in office while the S.C. Law Enforcement Division continues to investigate the accusations.
The suit was filed by former sheriff’s office employee Savanah Nabors. She alleges she was sexually harassed and stalked by Sheriff Lewis after an encounter on a business trip to Charlotte.