Case 3:22-cv-00224-DPJ-FKB Document 1 Filed 04/25/22 Page 1 of 6

United States District Court

Southern District of Mississippi
Northern Division

Brian Smith Plaintiff

v. No. __________________
3:22-cv-224-DPJ-FKB

Jackson Municipal Airport Authority

LaWanda Harris
Paul Brown
William McElroy,
John and Jane Does 1-10 Defendants

COMPLAINT

The plaintiff Brian Smith sues the Jackson Municipal Airport Authority (JMAA) for
terminating him on the basis of his race in violation of 42 U.S.C. §1981. JMAA terminated the
plaintiff because the plaintiff did not comport with the racial stereotype that the defendants
expected of a black male.

The plaintiff also sues the defendants William McElroy, Paul Brown and LaWanda
Harris for (a) slander, (b) the intentional and tortious interference with his employment contract,
(c) the intentional infliction of emotional distress, and (d) a civil conspiracy to interfere with the

Jurisdiction

1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331 and 1332.
The court has supplemental jurisdiction over the state law claims asserted against the individual
defendants.

Parties

2. The plaintiff, Brian Smith, is an adult resident citizen of Cleveland, Tennessee.

JURY TRIAL REQUESTED

1
 Case 3:22-cv-00224-DPJ-FKB Document 1 Filed 04/25/22 Page 2 of 6

3. The Jackson Municipal Airport Authority is a political subdivision of the City of

Jackson.

4. The defendant William McElroy is a resident of Hinds County, Mississippi. He is the

owner of the M3A, an architectural firm with offices in Jackson, Mississippi.

5. The defendant Lawanda Harris is a resident of Jackson Mississippi. She is the former
chair of the board of commissioners of the Jackson Municipal Airport Authority. She was also
close friends with Yolanda McElroy, the wife of the defendant William McElroy. In fact, Harris
had steered JMAA contracts to

6. The defendant Paul Brown is the current CEO of JMAA. He is also a resident of
Jackson, Mississippi.

7. John Does and Jane Does are employees of JMAA who engaged in the torts outlined
below and exerted pressure on JMAA to have the plaintiff fired. Those individuals will be added
as defendants once their identities are learned in discovery.

Facts

8. The plaintiff was hired by JMAA on February 8, 2021, to review architectural plans.

9. In February 2021, JMAA initiated a project to expand the passenger screening area on
the west concourse to make more room for several airlines including Southwest which was
returning to the Jackson airport after an absence of several years.

10. JMAA solicited bids from 5 local architectural firms. Three firms, Dale Partners,
JBHM and M3A submitted bids. Those bids which were reviewed by a selection committee
comprised of JMAA employees, Von Anderson, Michael Huff, Will Dixon, Nicole Campbell
Lewis, Jack Thomas and Joyce Tillman. The plaintiff was a nonvoting technical advisor to the
committee

11. Two members, Joyce Tillman and Nicole Campbell Lewis, initially wanted to select
M3A. The committee conducted a detailed discussion of the merits of M3A versus the other
bidders. Those issues included that (1) McElroy had not submitted a schedule of completion, (2)
M3A had previous disputes with JPS and JSU, and (3) the amount of its bids. M3A s bid was
more than $1 million more than the bids of Dale Partners and JBHM. After some discussion,

2
 Case 3:22-cv-00224-DPJ-FKB Document 1 Filed 04/25/22 Page 3 of 6

Tillman and Lewis relented and the committee voted unanimously to rate the bidders as follows:
1. Dale Partners; 2. JBHM; and 3. M3A.

12. The committee submitted its recommendation to Paul Brown, the newly hired CEO of
JMAA. Brown conferred with Lawanda Harris who directed Brown to select M3A and reject the
recommendation of the committee.

13. Harris was opposed to a white firm getting the contract. Dale Partners and JBHM are
predominantly white firms. Even though M3A was ranked last by the selection committee,
Harris wanted M3A to get the contract because it was owned by William McElroy, a black
architect, who is also the husband of Yolanda McElroy and a close personal friend.

14. Based on the recommendation of Harris and Brown, the JMAA board of
commissioners voted to award the contract to M3A.

15. Paul Brown then directed the plaintiff to obtain conceptual design and
drawings for the construction from McElroy. M3A used a college intern to prepare the drawings
and fell behind in progressing on the plans. M3A did not submit the plan specifications for the
project.

16. M3A did submit a conceptual design. The plaintiff reviewed the design plan and
returned it to McElroy with comments and requests for changes.

17. Brown then told the plaintiff not to ask M3A to make any more changes to its plans.

18. In mid-April 2021, McElroy misrepresented to the Board of Commissioners that the
TSA had approved his final plans.

19. At a routine meeting on April 23, 2021, the plaintiff met with Brown and Von
Anderson in order to review various projects. The meeting was cordial at first, but when Von
Anderson mentioned there were issues with the work of M3A, Brown exploded and told
Anderson and Smith that they had to help M3A complete its plans.

20. The same day, McElroy came to the JMAA offices and met with Brown and the
plaintiff. McElroy verbally accused Smith three times of lying about him not having submitted
completed plans. McElroy called Smith a liar to
p with JMAA.

3
 Case 3:22-cv-00224-DPJ-FKB Document 1 Filed 04/25/22 Page 4 of 6

21. After the meeting, McElroy sent a private text to Smith stating that he was not much
of a man or a brother and that it was people like him who held black professionals back.

accommodations for other black men for any shortcomings in their work.

22. Brown and McElroy conferred with LaWanda Harris and other board members in
seeking to have the plaintiff fired for not helping M3A do its work.

23. On April 26, 2021, the plaintiff was summoned to Paul Brown s office where he was
terminated. During the meeting, Brown read from a letter from McElroy accusing Smith of
extorting $120,000. Smith asked what proof he had. Brown responded that he did not need any
proof as long as he had the letter from McElroy.

24. McElroy had no legitimate interest in the employment relationship between Brian
Smith and the Jackson Municipal Airport Authority.

25. McElroy acted out of sheer spite and vindictiveness to inflict harm on the plaintiff
because he had performed his duties by accurately reporting to Brown on the status of the
architectural work of McElroy.

26. Harris and Brown were acting outside the course and scope of their employment with
JMAA when they terminated the plaintiff to placate the vindictive demands of McElroy. Their
motive was unrelated to the plaintiff s performance.

27. Harris and McElroy knew that terminating the plaintiff was contrary to the best
interest of JMAA.

28. Harris and conduct was in bad faith. They knew that the plaintiff was a
hard-working dedicated employee of JMAA.

29. only motive was to placate and to appease the vindictive interest and malice
of William McElroy.

Violations of Law by McElroy, Brown and Harris

30. McElroy, Brown and Harris intentionally and tortiously interfered with the plaintiff
employment contract with JMAA.

4
 Case 3:22-cv-00224-DPJ-FKB Document 1 Filed 04/25/22 Page 5 of 6

31. The defendants negligently and intentionally inflicted emotional distress on the
plaintiff.

32. McElroy, Brown and Harris intentionally and tortiously engaged in a civil conspiracy
ly inflict emotional
distress on the plaintiff, and (c) to negligently and tortiously inflict emotional distress on the
plaintiff.

Violations of Law by JMAA

33. The defendant JMAA terminated the plaintiff because he did not comport with the
racial stereotype that black male professionals should accommodate the shortcomings of other
black male professionals in timely completing their work.

Damages

34. The plaintiff was shocked when he was suddenly terminated without any warning.
As a result of losing his job, the plaintiff has suffered the loss of his income and benefits. The

Request for Relief

35. The plaintiff requests reinstatement, compensatory damages in the amount of

$500,000 and legal fees.

36. The plaintiff requests punitive damages of $1 million from the defendants to punish
them for their intentional, vindictive and malicious conduct and to deter others from engaging in
similar wrongful conduct.

Respectfully submitted,

/s/ Mike Farrell

Mike Farrell
MSB # 5147
Law Office of Mike Farrell, PLLC
210 E. Capitol Street
Regions Plaza, Suite 1088
Jackson, MS 39201
Tel: 601-948-8030

5
Case 3:22-cv-00224-DPJ-FKB Document 1 Filed 04/25/22 Page 6 of 6

Attorney for Brian Smith, Plaintiff