Black FedEx driver D’Monterrio Gibson, 25, is seeking $5 million in damages in a lawsuit a year after he reported that two white men in Brookhaven, Miss., chased and fired a gun at him while he was out delivering packages.
He filed the federal civil lawsuit on Friday, Jan. 20, against FedEx; the City of Brookhaven; Brookhaven Police Chief Kenny Collins; and Brandon and Gregory Case, the father-son duo who he said chased and shot at him on Jan. 24, 2022, in Brookhaven’s Junior Trail neighborhood.
The lawsuit before the U.S. District Court for the Southern District of Mississippi includes accusations of “intentional racial discrimination” against FedEx. In it, Gibson accuses Collins of “civil assault and battery” and “civil obstruction of justice.” The lawsuit also accuses Brandon Case and Gregory Case of “civil assault and battery” and “general/gross negligence.” Gibson is accusing all defendants of “negligent/intentional infliction of emotional distress.”
A Lincoln County grand jury indicted the Cases on Nov. 15, 2022, for attempted murder, conspiracy to commit first-degree murder and for shooting into a motor vehicle. The Cases, who are out on $500,000 bonds, are awaiting a criminal trial scheduled for later this year after pleading not guilty to the charges in November 2022.
“We believe FedEx acted as they did based on racial discrimination,” Attorney Carlos Moore, who represents Gibson, told the Mississippi Free Press on Monday. “We don’t believe they would’ve sent a white man back to the job the very next day had two Blacks attacked him on the job.”
In a statement FedEx provided to the Mississippi Free Press yesterday, the company said, “We strongly disagree with the claims made against FedEx and will defend the lawsuit.”
“FedEx has a diverse workforce, and our focus in the aftermath of the incident was to support Mr. Gibson,” the statement said.
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