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Hon. Hollis R. Hill

SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR KING COUNTY
JOHN URQUHART,
Plaintiff,

NO. 17-2-28384-3 SEA
COMPLAINT FOR DAMAGES

v.
BRIAN BARNES,
Defendant.

Plaintiff John Urquhart, in support of his Complaint for Damages against Brian Barnes,
alleges the following:
I. NATURE OF THIS ACTION
1.1

Defamation. Former King County Sheriff’s Deputy Brian Barnes’s has falsely

and maliciously accused King County Sheriff John Urquhart of sexual assault. These statements
are flatly false, they are defamatory, and they are actionable. Deputy Barnes published the
defamatory statements to two Facebook accounts under the usernames: “Jimmy Bergeron” and
“Mary Taylor.” Mr. Barnes then made defamatory statements to the Seattle Times. Mr. Barnes
made these defamatory statements for the purpose of causing substantial and irreparable harm to

COMPLAINT FOR DAMAGES - 1

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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Sheriff Urquhart on the eve of the November 2017 election. The defamatory statements have in
fact caused harm to Sherriff Urquhart.
1.2

Malice. Deputy Barnes’s malicious intent is substantiated by his more than 15

year habit and routine practice of targeting superiors with false complaints. This history spans at
least the last 15 years and includes employers in both Massachusetts and Seattle, the last three
King County Sheriffs, the HR Director within the Sheriff’s Office, others in Deputy Barnes’s
chain of command, and the President of the King County Police Officers Guild.
1.3

Damages. Sheriff Urquhart brings this action to vindicate his rights, to restore his

reputation as one of the most highly-regarded King County Sheriffs to have ever served the
County, and to establish that Deputy Barnes is liable for the substantial and irreparable harm that
he has caused to Sheriff Urquhart’s reputation on the eve of this November 2017 election.
II. PARTIES
2.1

Plaintiff Urquhart. Plaintiff John Urquhart is the King County Sheriff and is a

resident of the State of Washington.
2.2

Defendant Barnes. Defendant Brian Barnes is a former King County Sheriff’s

Deputy and is a former resident of the State of Washington. He currently resides in the State of
Massachusetts.
III. JURISDICTION AND VENUE
3.1

Jurisdiction. This Court has personal and subject matter jurisdiction over Brian

Barnes under RCW 4.28.185(b) because he directed his tortious activity toward Washington, and
specifically King County, by making defamatory Facebook posts and a defamatory report to the
Renton Police Department directed to John Urquhart in King County.

COMPLAINT FOR DAMAGES - 2

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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3.2

Venue. Venue is proper in this Court under RCW 4.12.020(3) in that a substantial

part of the events or omissions giving rise to the claims occurred in King County, John Urquhart
seeks damages for injury in King County, and his cause of action arose in King County.
IV. CLAIM FOR DEFAMATION
4.1

Deputy Barnes has Maliciously and Falsely Published Posts to Facebook that

Sherriff Urquhart has Committed Crimes of Sexual Assault. Mr. Barnes terminated his
employment with the King County Sheriff’s Office and returned to Massachusetts. From 2014
to the present, Mr. Barnes has been actively involved in a Facebook campaign to discredit
Sheriff Urquhart, Bye Sheriff John Urquhart. This effort escalated in October 2017 with covert
posts under the name “Jimmy Bergeron.” “Bergeron,” as discussed below, was the name of Mr.
Barnes’s superior in Webster, Massachusetts 15 years ago. Regarding one post, 100 of 102
comments came from “Mr. Bergeron.” Sheriff Urquhart shared this information with the Seattle
Times. The Seattle Times almost certainly shared this information with Mr. Barnes because—
within 24 hours of Sheriff Urquhart talking with the Seattle Times—Mr. Barnes altered his
screen name to “Mary Taylor.” Mr. Barnes continues to post under the name “Mary Taylor” to
this day in an attempt to discredit Sheriff Urquhart. These are public accounts and are viewable
by the public at large (and, indeed, Barnes intended that they would be viewed by the public).
Deputy Barnes has published numerous Facebook posts falsely and maliciously stating
that Sheriff Urquhart has committed crimes of sexual assault. The litany of Bergeron/Taylor
posts are defamatory per se. The statements are defamatory per se because they accuse Sheriff
Urquhart of committing a serious crime, when he has in fact not committed any crime. The
statements are also defamatory per se in that the publication of the statements exposed Sheriff

COMPLAINT FOR DAMAGES - 3

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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Urquhart to contempt and ridicule, and deprived Sheriff Urquhart of the benefit of public
confidence or social intercourse. The statements were intended damage Sheriff Urquhart’s
reputation as the King County Sheriff on the eve of the November 2017 election.
4.2

Deputy Barnes Maliciously and Falsely Made Statements to the Seattle Times that

Were Published in the Newspaper. On November 1, 2017, the Seattle Times published an article
titled: “‘This was hush money’: Ex-King County deputy’s $160,000 settlement lacked proper
oversight.” The article published the following false statements that Deputy Barnes gave to the
Seattle Times:
Urquhart’s hostility toward him, Barnes now contends, partly stems from a March
2014 dinner meeting at a Renton restaurant where the former deputy said he
raised concerns about his supervisors.
After dinner, the deputy said the two walked to the parking lot together and
Urquhart told him not to file a complaint or worry about his supervisors. Then, the
deputy contends, Urquhart made a pass and fondled him.
Deputy Barnes’s false statements to the Seattle Times that Sheriff Urquhart illegally
structured a settlement to muzzle Deputy Barnes and to provide him with hush money, and that
Sheriff Urquhart sexually assaulted Deputy Barnes outside a diner in March 2014, are
defamatory per se.
As to the false statement that Sheriff Urquhart sexually assaulted Mr. Barnes, Mr. Barnes
texted Chris Barringer, the Sheriff’s Chief of Staff, after dinner that night. Mr. Barnes’ text is
highly complementary of Sheriff Urquhart:
[Barringer] Sounds like a good meeting with the sheriff?
[Barnes] He is a good man. I told u I would never bad mouth someone I believe in.
I am telling you Chris something as a friend however. [Mr. Barnes then proceeds to
accuse another officer of sexual harassment]

COMPLAINT FOR DAMAGES - 4

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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I told u a million times I appreciate your friendship. You have a way of making me feel
like I make a difference. Thanks again for that.
So don’t ever get far away from the people who elect you. The sheriff has not. I think he
will be pleasantly surprised at the meeting of how the people think of him and this
department. People wanted a leader and they elected one. Get some sleep mister
(emphasis supplied).
Mr. Barringer’s text was sent at approximately 9:11 p.m., and Mr. Barnes’ response was sent at
approximately 10:07 p.m.
Sheriff Urquhart also took a polygraph test on October 23 and passed. The subject matter
was actual or attempted sexual advances towards Mr. Barnes. The Sheriff denied any. The
exam was performed by one of the most experienced polygraph administrators in the state.
4.3

Deputy Barnes Published the Defamatory Statements With Actual Malice. Mr.

Barnes’s malicious intent is substantiated by his habit and routine practice of targeting superiors
with false complaints. This history spans at least the last 15 years and includes employers in
both Massachusetts and Seattle, the last three King County Sheriffs, the HR Director within the
Sheriff’s Office, others in Mr. Barnes’s chain of command, and the President of the King County
Police Officers Guild. The complaints include those filed with the King County Sheriff’s
Office’s Internal Investigations Unit, the King County Office of Ombudsman, the King County
Office of Civil Rights, the Office of Law Enforcement Oversight, the Washington State Bar
Association, and dozens of Public Disclosure Act requests. They reveal a long-running
campaign to embarrass anyone in his chain of command who has criticized Mr. Barnes’s job
performance.

COMPLAINT FOR DAMAGES - 5

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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Sheriff Urquhart is the third elected official that Mr. Barnes has accused of criminal
conduct just prior to an election. Two were Selectmen in the town of Webster, Massachusetts.
His allegations include corruption, serial harassment and myriad other misconduct. None of Mr.
Barnes’ complaints has ever been vindicated by the review process.
4.4

Employment History in Western Massachusetts. In 2003 and 2004, Mr. Barnes

was employed with the police department in Webster, Massachusetts. During this period, he
filed complaints against the Town of Webster, the Webster Town Administrator, Selectman
Raymond Regis, and Deputy Chief T. Ralph. During his tenure as an officer with the Webster
Police Department, a Webster supervisor filed a complaint against Mr. Barnes, alleging he had
made highly inappropriate racial slurs. Around the same time, Mr. Barnes filed a complaint
against the supervisor alleging that nine months earlier he had overheard the supervisor give
another deputy answers to an upcoming Sergeant’s exam.
4.4.1

The Barton Report. On December 8, 2003, the Report of the Investigators

was issued In the Matter of the Investigation of the Webster Police Department (“Barton
Report”). The report observed that Officer Barnes was “described as the ‘catalyst,’ the
‘common denominator’ of the various problems and issues within the police department:
‘Start with anything and Barnes is in the middle of it.’ This is partly due to Barnes’s
personality and partly due to the protective role the Chief assumed on Barnes’s behalf . . .
. Contrary to rumor, Barnes is not Chief Bergeron’s godson . . . . However, the
perception of almost everyone interviewed by the Investigators was that the Chief and
Barnes had a close personal relationship, a perception that Barnes himself promoted
(some say flaunted). . . . “The report continued:

COMPLAINT FOR DAMAGES - 6

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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Barnes was never reprimanded for what appears to be numerous
inappropriate remarks over the radio which were heard by other
officers and certain members of the public. These included
unflattering remarks about a woman’s weight, references to
someone as an ‘Uncle Tom,’ as well as other comments described
as ‘smart remarks’ (‘Brian’s always making negative comments’).
Certain ‘racist’ comments were eventually reported to the Chief.
Even those officers who hesitate to label Barnes as a racist
characterize his remarks as inappropriate. Barnes maintains that he
is not a racist, and points to the fact that his mother’s sister is
African-American. He denies some quoted remarks but admits to
others (e.g., describing himself as an ‘Oreo cookie’ when he was
seated between two African-Americans on an airplane). . . .
…
The negative aspect of Barnes’ political interest is reflected in two
rather spectacular lapses of judgment. It was reported to the
Investigators that Barnes was on the job only six months when he
wrote a ‘derogatory’ letter on department stationery to local judges
(apparently district court) criticizing certain things they had
written. Not surprisingly, an infuriated judiciary conveyed its
disapproval to the police department. Barnes was not reprimanded
for this conduct. He wrote letters to the local newspaper against
the Town Administrator. The common perception was that
‘Barnes could do whatever he wanted.’ Even those who praised
his community work noted that Barnes likes being controversial.
Less restrained comments by witnesses: ‘power hungry kid,’ ‘a
con man,’ ‘always stirring up crap,’ ‘screwing everything up,’
‘arrogant.’ ‘Barnes is very good at pushing buttons.’
In early 2004, Mr. Barnes was suspended for insubordination. Later that year, he
was placed on paid administrative leave during an internal investigation regarding
whether he had jumped the chain of command by reporting to the FBI suspicions of
corruption.
In February 2005, the Webster Town Selectmen authorized the town council to
work towards a settlement with Officer Barnes which would terminate his employment

COMPLAINT FOR DAMAGES - 7

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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with the town and result in a dismissal of the 2003 lawsuit he had brought against the
town for defamation, among other things.
4.4.2

The Regis Lawsuit. Selectman Raymond Regis sued Mr. Barnes for

defamation on June 1, 2006. At the time, Mr. Regis was an incumbent Selectmen for the
town of Webster running for a re-election. Regis alleged that on Mr. Barnes had sent a
defamatory e-mail to a third-party stating: “Tell anyone you know. Got to get rid of
Regis. He’s going to jail.” Mr. Barnes also stated: “I hate that asshole. He used to deal
drugs years ago.” Mr. Barnes was asked by the third-party: “Regis?” To which Mr.
Barnes responded: “Yep, cocaine.” The matter settled in 2009. Mr. Barnes agreed to pay
Mr. Regis’ legal fees and deliver a written apology.
4.4.3

Miller Lawsuit. Mr. Barnes also openly and falsely accused Selectman

Robert Miller of being under a criminal investigation. Mr. Barnes also filed a motion for
a temporary restraining order against Mr. Miller sometime in 2005 or 2006. The
restraining order was denied because of misleading statements made by Mr. Barnes.
4.5

Mr. Barnes’s Prior Actions Involving Members of the King County Sheriff’s

Office. The following is a list—likely incomplete—of Mr. Barnes’s targeting efforts regarding
his superiors during his tenure as a Deputy:
Sheriff John Urquhart
Sheriff Steve Strachan
Sheriff Sue Rahr
Chief Deputy Jim Pugel
Chief of Staff Chris Barringer
Chief Robin Fenton
Chief Tony Burtt
Major Jerrell Wills
Captain Ted Boe
Captain Noel Fryberger

COMPLAINT FOR DAMAGES - 8

2017, 2016, 2014
2012, 2013
2012, 2013, 2010
2014
2017, 2015, 2014
2014
2011
2014, 2012, 2011
2014
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GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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Captain D.J. Nesel
Captain Lisa Mulligan
Captain Scott Strathy
HR Director Lance King
KCSO Command Staff
Sergeant J. R. Hall
Deputy Steve Borkan
Guild President Steve Eggert
HR Director Virginia Gleason

2014
2009
2012
2015, 2014
2014
2014
2008
2008
2010

Mr. Barnes began work with the King County Sheriff’s Office on October 18, 2006. Mr.
Barnes separated from employment at the King County Sheriff’s Office as a result of a
Settlement Agreement reached May 14, 2015 (“Barnes Settlement Agreement”). Pursuant to that
agreement, Mr. Barnes was deemed to have voluntarily resigned as of October 18, 2015, with a
commitment never to seek future employment with the King County Sheriff’s Office or King
County. A pending Internal Investigations Unit investigation was terminated in connection with
the Settlement Agreement (that internal investigation is discussed below).
4.5.1

July 2014-February 2015: In an Internal Investigation, Pending at the

Time of Barnes’s Termination, Barnes's Chain of Command Sustained Findings of
Insubordination, Conduct Unbecoming, and Dishonesty; The Recommended Discipline
for Each Finding was Termination. On March 18, 2015, Major Brad Thompson of the
King County Sheriff’s Office precinct number 3 (which was Deputy Barnes’s precinct),
prepared a memorandum to Captain Jesse Anderson as part of an Internal Investigations
Unit investigation. In his memorandum, Major Thompson sustained findings of
insubordination, conduct unbecoming, and dishonesty.
As to the first finding of insubordination, Major Thompson found that Deputy
Barnes was ordered to cease certain conduct and failed to cease such conduct (the
specific conduct is described more fully below).
COMPLAINT FOR DAMAGES - 9

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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As to the second finding, conduct unbecoming, Major Thompson found that
Deputy Barnes made statements that diminished the respect for the Sheriff’s Office,
diminished confidence in its operations, adversely affected or impaired the efficiency in
the operation of the Sherriff’s Office, and adversely affected morale and discipline within
the Sheriff’s Office. The memorandum discusses a September 2014 letter sent to Deputy
Barnes by his superior summarizing Barnes’s pattern of targeting and disparaging
Sheriff’s office commanders, supervisors, and staff:
Deputy Barnes was presented with a letter signed by Chief Deputy
PUGEL on September 29, 2014. The purpose of the letter was to
summarize for Deputy BARNES, and alert him to, his pattern of
targeting and disparaging fellow Sheriff’s Office employees.
Deputy BARNES’ attacks on employees usually followed
disagreements, or receiving direction from supervisors. In this
context, Deputy BARNES’ actions against other employees were
often co-mingled and contemporaneous with allegations of
discrimination and retaliation. But by September 2014 a
compelling pattern had become apparent. These historical facts
were confirmed and summarized by HR Manager Lance KING and
Sheriff’s Office Legal Advisor Patty SHELLEDY in the letter
reviewed and signed by Chief Deputy PUGEL.
The memorandum goes on to explain that the September 2014 letter ordered
Barnes to cease this behavior and warned him that he would face discipline and possible
termination if he continued with the behavior:
The closing statement in Deputy Chief PUGEL’s letter was a
specific order for Deputy BARNES to stop insulting and belittling
supervisors, commanders and other KCSO staff. Deputy BARNES
was then warned that any further failure to comply with these
orders will lead to discipline, up to and including termination.
The memorandum explained that “[d]espite both the direct order and warning,
Deputy BARNES continues to insult, ridicule or minimize the members of the KCSO

COMPLAINT FOR DAMAGES - 10

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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command staff.” The memorandum explains several instances of continuing behavior by
Barnes.
It points to an October 1, 2014, e-mail as one such instance:
In an email to Mr. Mark STOCKDALE, Ms. Karen
SUTHERLAND and Mr. John MACDONALD dated October 1,
2014; Deputy BARNES accused Chief Deputy PUGEL of making
false statements and Sheriff URQUHART of violating elections
law(s).
The memorandum then points to another e-mail dated October 2, 2014:
In another email to Mr. Mark STOCKDALE dated October 2,
2014, Deputy BARNES referred to the Chief Deputy as a “bully,”
stated that he had been “threatening and defamatory” to a KCSO
Captain and then made an unsubstantiated demeaning (threatening)
statement about the Chief Deputy’s past being an issue in future
depositions.
The memorandum then points to yet another e-mail on October 3, 2014:
Again, on October 3, 2014 in an email to Mr. Mark STOCKDALE,
Deputy BARNES hints at disclosing some unknown information –
apparently to the media – concerning both Sheriff URQUHART
and Chief Deputy PUGEL. His written comments are, “Both the
Sheriff and Pugel have very interesting pasts. I don’t think either
of them would like me to publish them.”
Finally, the memorandum points to an October 16, 2014, e-mail where Deputy
Barnes referred to Sheriff Urquhart as a “lunatic.”
As to the third finding, dishonesty, Major Thompson found that Deputy Barnes
made a series of inconsistent statements and provided misleading information during an
investigation. That investigation was into Barnes’s allegation that he had been offered
the position of Chief Deputy and that the position was revoked in retaliation. The
memorandum explains that Deputy Barnes gave two inconsistent statements during the
investigation.

COMPLAINT FOR DAMAGES - 11

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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The memorandum describes the first statement, which was given during an
August 7, 2014 interview:
Deputy BARNES stated that after the offer was made concerning
the Chief Deputy position; it was never talked about again. He
was sked whether the offer of promotion was ever withdrawn to
which he replied that it “… was never withdrawn… it was never
talked about again… No I never brought it up... He (meaning the
Chief of Staff) never brought it up…”
The memorandum then describes the second (contradictory) statement that Barnes
gave in his September 2, 2014, Claims for Damages:
Deputy BARNES stated that Chief of Staff BARRINGER
informed him that, “You are litigious and filed an EEO before and
won and you just filed again and the Human Resources Director
Lance King said we need to step away from you. He told me I
(Deputy BARNES) would not be getting the chief position.” This
conversation, according to Deputy BARNES took place sometime
during mid-July 2014.
The above two statements contradict each other because Barnes’s first stated the
offer of promotion was never withdrawn, and then in the second statement he said the
offer of promotion was withdrawn. The memorandum says: “The problem presented…,
is that the two statements contradict each other… one has to be falsely given.”
The memorandum then goes on to discuss that, as part of the Sheriff’s Office’s
investigation, they asked Deputy Barnes to provide copies of text messages from his
phone relating to texts he had with Chief of Staff Berringer. Rather than providing a
copy of the actual texts, Deputy Barnes provided “excerpts” that he believed were related
to his case. The investigator later got a hold of the actual texts, which differed from those
provided by Barnes. The memorandum points out that the actual texts discredited Deputy
Barnes’s claim that he was offered the Chief Deputy position:

COMPLAINT FOR DAMAGES - 12

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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In addition, during the 08/07/2014 interview with Ms.
SUTHERLAND, she asked Deputy BARNES to provide her with
the test messages that were on his cell phone between he and Chief
of Staff BARRINGER. Deputy BARNS did not supply there, and
instead he transcribed excerpts of his texts, not the actual texts
themselves, that “he believed were related to this case.” He
provided his transcription, with applicable dates above sections
provided, in the form of an email to Ms. SUTHERLAND. As a
part of Ms. SUTHERLAND’s investigation she obtained the actual
and complete record of text messages from Chief of Staff
BARRINGER which differed from that provided by Deputy
BARNES. The actual record includes related texts that discredit
Deputy BARNES’ claim that he was offered the Chief Deputy
position. These include references to “taking the next sergeant’s
exam,” (03/03/14) and “Let’s try for sergeant first!!” (03/12/14).
The memorandum concludes that the excerpts Deputy Barnes provided to the
investigator were misleading. The memorandum states:
Also, the excerpt provided by Deputy BARNES labeled 03/10/14
was misleading in that it included portions of an earlier text from
03/04/14. It is important to note that in all of the supplied copies
of e-mails, letters, text messages, etc. there is never a specific and
documented offer of a promotion to Chief Deputy having been
provided by Chief of Staff Barringer to Deputy Barnes. Also, by
Policy, only the Sheriff can offer a promotion or promote someone
into the (appointed) ranks of Major, Division Chief or Chief
Deputy.
The memorandum then concludes by recommending termination of Barnes’s
employment. As pointed out above, the investigation was later terminated in connection
with the Settlement Agreement between Barnes and the Sheriff’s Office.
4.5.2

March 2014: Captain Boe Sends Mr. Barnes a Memorandum of

Understanding; Mr. Barnes Attacks Boe and Major Wills. On March 20, 2014, Mr.
Barnes sent Captain Howard and Captain Boe an email informing Captain Howard and
Captain Boe that he had “let the Highline High Principal and Superintendent of Schools
know that we will have a deputy or two at Highline High School at dismissal today at
COMPLAINT FOR DAMAGES - 13

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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14:05.” Mr. Barnes had no authority to promise that deputies would be at the school that
afternoon. Mr. Boe did not discipline Mr. Barnes. That day, he forwarded Mr. Barnes a
Memorandum of Expectations informing him that his work showed “leadership, caring
and initiative” and that the “entire chain of command recognizes and appreciates [his]
high quality work.” He observed, however, that it was important that “deputies work
through the sergeants and not make independent decisions on resource allocations and
that in the future, Mr. Barnes should make sure that [he] is working through the chain of
command, as outlined in GOM 1.03.005.”
Ten days later on March 30, 2014, Mr. Barnes filed a complaint of discrimination
and retaliation against Mr. Boe and Major Jerrell Wills titled “Request for Intervention.”
He also indicated he was “going to contact the Civil Rights Office to make sure they
monitor my situation as [he felt] targeted. Mr. Barnes alleged the Memorandum of
Expectation was discriminatory and retaliatory in nature, notwithstanding acknowledging
it was complimentary. His Request for Intervention concluded by insulting Mr. Boe and
Mr. Wills: “I have zero desire to have any of them tell me how good I am doing as a cop
because I do not hold Major Wills and Captain Boe in esteem.”
On April 3, 2014, Mr. Barnes submitted Public Disclosure Request (“PDR”) No.
30084 requesting the personnel file of Mr. Wills and documents to/from Mr. Wills and
Mr. Boe regarding Mr. Barnes.
The Sheriff’s Office hired Claire Cordon, a Seattle employment lawyer, to
investigate Mr. Barnes’s complaint. She concluded her investigation on June 24, 2014 in
an 18-page, single-spaced report, rejecting Mr. Barnes’s claims.

COMPLAINT FOR DAMAGES - 14

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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4.5.3

July 2014: Sheriff Urquhart Changes Working Hours; Mr. Barnes Attacks

Sheriff Urquhart. On July 22, 2014, Sheriff Urquhart changed the work schedule of
storefront deputies from four 10-hour workdays per week to a “5/2, 5/3” rotating
schedule. The latter consists of working 8 hours per day, 5 days per week, with two days
off one week and three the next. Mr. Urquhart changed the schedules for a number of
operational reasons, including: (a) the ability to provide storefront coverage on certain
weekends; (b) the ability to provide coverage five business days a week instead of four;
and (c) to reduce expenses. Mr. Barnes was the Skyway storefront deputy at the time of
this schedule change. On the following day, July 23, 2014, Mr. Barnes filed a complaint
of retaliation against Mr. Urquhart claiming that the schedule change occurred in
retaliation for the discrimination/retaliation complaint he had filed against Mr. Boe and
Mr. Wills.
On July 24, 2014, Mr. Barnes submitted PDR 32605 requesting: (a) Sheriff John
Urquhart’s personnel file; (b) all emails and other documents from Mr. Urquhart
concerning Mr. Barnes; and (c) any Internal Investigations Unit file on Mr. Urquhart.
Mr. Barnes later changed his story and indicated he had been retaliated against
because he had “announced” he was running for sheriff in 2017.
4.5.4

July 2014: Mr. Barnes Attacks the Sheriff’s Chief of Staff. On the same

date, Mr. Barnes filed a complaint of retaliation against Mr. Barringer, alleging that on
March 2, 2014, Mr. Barringer had offered him the King County Sheriff’s Office Chief
Deputy position and then withdrew the offer in retaliation for Mr. Barnes having filed a
complaint against Mr. Boe and Mr. Wills.

COMPLAINT FOR DAMAGES - 15

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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Mr. Barringer denied ever offering Mr. Barnes the Chief Deputy position. The
Chief Deputy position is the second highest ranking position in the Sheriff’s Office. The
Chief Deputy is responsible for overseeing the daily operation of the Sheriff’s Office and
acts as the Sheriff in Mr. Urquhart’s absence. The position is similar to being Vice
President of a $170 million corporation, that being the annual budget of the Sheriff’s
Office. This position is occupied by individuals with extensive education and a lengthy,
distinguished career, including extensive leadership experience. Mr. Barnes, by contrast,
has no law enforcement supervisory experience, lacks a college degree, and his
employment history is plagued by bad judgment. He has worked as a King County
Sheriff’s Deputy since 2006 and has been disciplined for misconduct on multiple
occasions. The assertion that he was offered the Chief Deputy position is flatly
incredible.
Mr. Barnes’s assertion is further rebutted by his own texts and emails that show
that, far from being offered the Chief Deputy position, he was modestly encouraged to
take the Sergeant’s Exam at an appropriate time. On March 3, 2014, the day after the
lunch in which Mr. Barnes claims he was offered the Chief Deputy job, Mr. Barnes sent
Mr. Barringer a text in which he stated he wanted to take the supervisory course in
Georgia to help him prepare for the exam, “It would do me good even if I take the next
exam.” Eleven days after the two men met for lunch, Mr. Barnes sent Mr. Barringer an
email memorializing the same point about the Sergeant exam: “I told you I was going to
take the Sergeant’s test. When we ate at that diner I mentioned it to the Sheriff that day
and he said ‘maybe after you are in Skyway a couple of years you should take it. . . .’”

COMPLAINT FOR DAMAGES - 16

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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On September 2, 2014, Mr. Barnes filed a grievance with the Washington State
Bar Association with respect to Mr. Barringer. The grievance was later withdrawn.
On September 18, 2014, Mr. Barnes filed PDR No. 33828, requesting: (a) all
documents from Mr. Barringer related to himself and others; (b) a copy of Mr.
Barringer’s schedule for a portion of the year 2014; (c) any documents from Sheriff
Urquhart relating to Mr. Barnes and others; (d) emails to Mr. Boe presumably related to
Mr. Barnes; and (e) the personnel and IIU file of Deputy Angela Holland.
King County hired Karen Sutherland, a Seattle employment lawyer, to investigate
Mr. Barnes’s complaints against Mr. Urquhart and Mr. Barringer. In a 52-page, singlespaced report submitted on November 18, 2014, Ms. Sutherland rejected all of Mr.
Barnes’s contentions.
4.5.5

September-October 2014: Chief Deputy Pugel Sends Mr. Barnes a Memo

of Expectations and Barnes Files a Complaint, Accuses Pugel of Making False
Statements, Threatens Urquhart and Pugel and Calls Urquhart Names. Subsequent to the
filing of Mr. Barnes’s complaints of retaliation on July 23, 2014, Mr. Barnes made a
number of disrespectful, contemptuous, and insulting statements about Mr. Urquhart and
other Sheriff’s Office command staff. In response to Mr. Barnes’s inappropriate
statements, on September 29, 2014, Chief Deputy Jim Pugel sent Mr. Barnes a
memorandum regarding “Unprofessional and Inappropriate Statements,” putting him on
notice that his disrespectful statements were undermining the Sheriff’s Office and his
need to immediately improve his conduct.

COMPLAINT FOR DAMAGES - 17

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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Mr. Barnes immediately filed PDR 34021 seeking all documents from Mr. Pugel,
Mr. Urquhart, Mr. Barringer, or Lance King, concerning Mr. Barnes. The following day,
September 30, 2014, Mr. Barnes filed PDR 34053 requesting: (a) the personnel file of
Mr. Pugel; (b) a copy of his phone records and any texts from his phone from the date of
his hire until the present; (c) copies of his Seattle Police Department personnel and IIU
files; (d) investigators’ notes with respect to a prior request related to an alleged sexual
harassment claim involving Mr. Urquhart; (e) a copy of Mr. Deputy Pugel’s contract and
his exact salary; and (f) all letters Mr. Pugel has sent to other deputies in the department
during his three-week period on the job. That same day, Mr. Barnes filed PDR 34056,
seeking: (a) any emails concerning himself sent to or from Diane Taylor [define attorney
role] or Mr. King [define] from March 2014 to the present; (b) any notes Mr. King may
have written regarding Mr. Barnes being litigious or about his past claims against the
County; or (c) any log entry made when anyone has signed out Mr. Barnes’s IIU file
from March 2007 to the present.
On October 1, 2014, Mr. Barnes filed a complaint against Mr. Pugel alleging that
the September 29, 2014 memorandum was given to him in retaliation for the complaints
he had filed.
On October 1, 2014, Mr. Barnes accused Mr. Pugel of making “false statements.”
He referred to him the following day as a “bully.” That same say, he threatened both Mr.
Urquhart and Mr. Pugel, stating “[b]oth the sheriff and Pugel have very interesting pasts.
I don’t think either of them would like me to publish them.” On October 16, 2014, Mr.
Barnes referred to Mr. Urquhart as a “lunatic.” On October 22, 2014, he publicly called

COMPLAINT FOR DAMAGES - 18

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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Mr. Urquhart an “embarrassment.” On October 23, 2014, he publicly referred to Mr.
Urquhart as “the LYING KING.”
4.5.6

2013: Mr. Barnes Accuses Sheriffs Strachan and Rahr of Corruption. Mr.

Barnes’s routine practice of attacking his superiors began long before John Urquhart
became the Sheriff. After becoming angry with Sheriff Rahr and Sheriff Strachan, Mr.
Barnes accused them of corruption and accused Ms. Rahr of covering up a criminal
matter.
4.5.7

July 2011: Mr. Barnes Alleges Mr. Wills Commits Domestic Abuse. In

July 2011, after becoming angry with Mr. Wills, Mr. Barnes made an allegation to the
Sheriff’s Office Legal Department that Mr. Wills had a fight with his wife and fired a
weapon in their home 9 years earlier in 2002. Previously, on May 9, 2011, Mr. Barnes
had filed PDR 5463 requesting an incident report related to Mr. Wills. He followed this
up with PDR No. 12850, on January 31, 2012, seeking any IIU investigation into a
Sergeant firing a gun during a domestic violence incident. Two months later, on April 3,
2012, he filed PDR 30084, again requesting records related to Mr. Wills.
4.5.8

November 2010: Mr. Barnes Alleges Captain Fryberger Lied and

Falsified Reports. In November 2010, after having a dispute with Captain Noel
Fryberger, Mr. Barnes requested a complete internal affairs investigation regarding Mr.
Fryberger alleging that he had lied and falsified reports. On August 7, 2010, Mr. Barnes
and another deputy responded to a welfare check at a home in South Seattle. A physical
altercation occurred as a result of which Mr. Barnes was investigated for use of force and
cowardice. Mr. Fryberger was involved in the investigation. During a subsequent

COMPLAINT FOR DAMAGES - 19

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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training review, Mr. Barnes was handed a training memo, which he crumpled up and
threw away in front of the same supervisor who gave it to him. Mr. Barnes ultimately
received no discipline. In response, on February 7, 2011, Mr. Barnes filed a complaint
with the King County Ombudsman’s office alleging that he had been personally targeted
by Mr. Fryberger. The 30-page Ombudsman’s report rejects this allegation and
concludes:
But our investigation did not reveal the corruption and bad acts
that Mr. Barnes alleged we would discover.
This case is unusual in that the complainant who has accused
others of targeting him is accused of targeting others by a number
of the witnesses we spoke with. Considering all of the evidence,
Mr. Barnes’ approach to defending himself appears to have had
negative effects on other individuals,34 and to have contributed to
significant workplace divisions and supervisory challenges.35
Many witnesses were apprehensive about saying anything on the
record that could be perceived negatively by Mr. Barnes because
he is seen as turning hostile
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Both Captain Fryberger and Major Wills believe there have been
negative impacts for them by having tried to discipline Mr. Barnes.
Ms. Gleason commented similarly, that ‘Fryberger got blasted,
there was a cascade of negative criticism of him even though
nobody can point to a specific thing he did wrong. He got tarred
because it was happening at his precinct. And for Major Wills the
same thing.’ Mr. Barnes has a history, according to a number of
witnesses of resisting any critical feedback from his supervisors,
and in fact, turning on those who say anything negative about him
and seeking alliances against them. The weight of the evidence
convinces us that this is what appears to have happened in this
case.
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Ms. Gleason spoke of the negative effect that the reversal of
discipline in this case has had on the workplace, saying that it has
contributed to a ‘de-supervising’ effect, where supervisors are no
longer willing to supervise Mr. Barnes because of the belief that he
will target them if they attempt to provide training or discipline.
Captain Fryberger, instead of being faulted for trying to offer
training on the issues he saw arising from the August 7 incident,
COMPLAINT FOR DAMAGES - 20

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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could be commended for actively engaging in the UOF review, for
surfacing issues of concern, and for being committed to delivering
the appropriate response in training or discipline for actions of
concern.
(emphasis supplied).
On April 26, 2010, Mr. Barnes filed PDR No. 327 seeking emails from Mr.
Fryberger mentioning Mr. Barnes. On March 23, 2011, he filed PDR No. 4230 seeking
Mr. Fryberger’s personnel file. He followed this up on July 26, 2011, filing PDR 7674
seeking any additional materials from Mr. Fryberger’s personnel file since his earlier
PDR No. 4230 request.
4.6

Damages. Deputy Barnes’s publication the defamatory statements substantially

and irrevocably damaged Sheriff Urquhart’s reputation. Sheriff Urquhart is entitled to actual
money damages as well as presumed damages, either nominal or substantial, because Deputy
Barnes’s statements were defamatory per se and he acted with actual malice in making the
statements.
V. PRAYER FOR RELIEF
As a result of the foregoing, plaintiff Sheriff Urquhart prays for the following relief:
5.1

Money Damages. For money damages in an amount to be proved at trial.

5.2

Presumed Damages. For presumed damages, either nominal or substantial, in an

amount to be proved at trial.
5.3

Other Relief. For such further relief as the Court deems just and equitable.

COMPLAINT FOR DAMAGES - 21

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292

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DATED this 1st day of November, 2017.
GORDON TILDEN THOMAS & CORDELL LLP
Attorneys for Plaintiff John Urquhart
By

COMPLAINT FOR DAMAGES - 22

s/Jeffrey I. Tilden
Jeffrey I. Tilden, WSBA #12219
Brendan Winslow-Nason, WSBA #39328
1001 Fourth Avenue, Suite 4000
Seattle, Washington 98154
Telephone: (206) 467-6477
Facsimile: (206) 467-6292
Email: jtilden@gordontilden.com

GORDON TILDEN THOMAS & CORDELL LLP
1001 Fourth Avenue, Suite 4000
Seattle, WA 98154
Phone (206) 467-6477
Fax (206) 467-6292