Polk County, GA, Polk County Deputy Fired Over Web Posts

COPS GONE BAD
OFF THE WIRE
Source: cbsatlanta.com
Sheriff's Office Obtains Subpoenas To Trace Web Posts
Written By: Michelle Marsh - CBS Atlanta Reporter
CEDARTOWN, Ga. -- A Polk County deputy said he was fired for posting comments on a website after the Polk County Sheriff's Office obtained subpoenas.
Johnny Moats said he never thought he’d get caught.
He posted several comments about what he calls wrongdoings within the Polk County Sheriff's Department on a Topix message board.
Moats said, "They had no right; they just got their feelings hurt and wanted to know who was talking about them."
Moats said he logged on to Topix.com using an anonymous screen name that he thought couldn’t be traced.
While he wouldn’t say specifically what he posted, Moats showed CBS Atlanta a document that he said he got from the state unemployment office.
The document said the county couldn’t figure out who was “slandering the department.”
It also stated that the Sheriff's Department subpoenaed all IP addresses to track down who was responsible for the comments.
Moats said, "I told them from the get-go I put stuff on there. It wasn’t bad about the Sheriff's Office. It was my opinion."
Sheriff Kelly James McClendon was not available for comment on the matter.
County Attorney Brad McFall said, "The sheriff terminated an employee for making numerous posts on a chat board."
McFall would not comment further on the pending lawsuit.
The Topix discussion thread had more than 500 comments when CBS Atlanta checked.
Moats said, "I wouldn’t advise doing it, cause I never thought it would come down to this. I was just voicing my opinion about stuff anonymously and it cost me my job."
The CEO of Topix, Chris Tolles, said people should have the ability to say something without being outed.
However, Tolles said, users are responsible for what they post.
Tolles said the terms of service posted on his website clearly indicate that Topix does cooperate with the court system.
Attorney Stephen Katz is representing Moats.
Katz said the subpoenas were illegally obtained.
Katz said, "It was obtained without probable cause. We don’t know of any pending investigation that would have authorized it. We don’t know of any court proceeding that would have authorized the subpoena."
Katz added, "It's as unlawful as searching a house without a warrant."