Lawsuit alleges town fired Quantico police chief for enforcing COVID restrictions

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A jury is set to determine if Quantico鈥檚 former police chief was illegally fired for enforcing state-mandated COVID-19 safety measures.

Former Police Chief Mark McCoy is suing the town seeking $100,000 and alleging wrongful termination for his April 2020 firing.

McCoy鈥檚 lawsuit was filed Jan. 15, 2021, in Prince William County Circuit Court. This March, the case was set for a jury trial from Oct. 3 to Oct. 5.

The filing centers on the operation of barbershops at the start of the COVID-19 pandemic in March 2020 and the town鈥檚 response to orders for the businesses to close.

Then-Gov. Ralph Northam鈥檚 first executive order causing sweeping shutdowns was issued March 12, 2020. A follow-up order, issued March 23, 2020, provided further guidance and closed a majority of businesses, including barbershops.

Violation of the order was a class-one misdemeanor, which carries up to a year in jail and up to a $2,500 fine.

McCoy says that, as police chief, he 鈥渉as a duty to uphold and enforce the law, including but not limited to the 鈥� Executive Order.鈥�

McCoy says that the town鈥檚 police department received a complaint on March 31, 2020, that 鈥渟everal barbershops鈥� in town were operation in violation of the order. McCoy said he instructed an officer named Arjun Datta to provide a copy of the executive order to all the businesses.

The town disputes that a complaint was made to the police department and that Datta was told to distribute copies of the executive order.

McCoy alleges that Mayor Kevin Brown contacted the officer to say Brown had 鈥渁n arrangement鈥� with the town attorney that would allow the barbershops to remain open. McCoy says Brown had 鈥渘o authority鈥� to enter into what he called an 鈥渋llegal arrangement.鈥�

Enforcing the agreement, McCoy argues, would have been 鈥渁iding and abetting in the commission of a crime.鈥�

The town denies the existence of any such agreement. Instead, Quantico says that as of March 31, 2020, its interpretation of the executive order to allow barbershops to remain open 鈥渁s long as they limited patrons to 10 persons at a time and complied with social distancing guidelines.鈥� The town argues that it understood that barbers were allowed to have direct contact with customers while performing services.

The town says that on April 1, it changed its interpretation of the executive order and determined that barbershops must be closed. Officials did not indicate in court documents what caused this change.

McCoy said after learning of the alleged arrangement, he still told Datta to distribute copies of the executive order to barbershops.

While distributing the documents, McCoy alleges that one business owner told Datta that 鈥渢he Mayor has instructed you to allow us to remain open.鈥� McCoy says the officer was spotted by Brown and became 鈥渋rate鈥� and 鈥渁ccosted鈥� Datta.

Datta was subsequently 鈥渋mproperly suspended,鈥� the lawsuit says. It says McCoy was then 鈥渨rongfully terminated鈥� as a 鈥渄irect result鈥漮f his 鈥渞efusal to refrain from enforcing鈥� the executive order and his 鈥渞efusal to the Mayor鈥檚 illegal agreement to defy the mandates.鈥�

McCoy argues that the town is prohibited from firing him for reasons that 鈥渧iolate the public policy of the Commonwealth.鈥� Essentially, the lawsuit says that because the alleged agreement between Brown and the barbershops violated Northam鈥檚 executive order, McCoy couldn鈥檛 legally be fired for violating it.

The town instead says McCoy was fired for poor performance, not for violating any alleged agreement. Quantico also 鈥渧ehemently denies鈥� that McCoy performed the duties expected of him as police chief.

The town says McCoy was suspended without pay for a week starting March 12, 2020, for allegedly refusing to meet with Brown about McCoy鈥檚鈥減oor performance and due to McCoy鈥檚 overall poor management of the police department.鈥�

McCoy was placed on a performance improvement plan on March 20, 2020, the town says. The town says it later determined McCoy wasn鈥檛 complying with the plan and, after an April 9, 2020, closed session, the Town Council voted to fire him.

McCoy鈥檚 initial lawsuit alleged wrongful termination and ultra vires, a legal term referring to an act that requires legal authorization, but is committed without it.

The ultra vires claim was dismissed on June 11, 2021, but the wrongful termination claim was allowed to move forward.