Former James City County police officer sues police department, saying he shot his supervisor after attempted sexual assault

JAMES CITY COUNTY, Virginia – A former James City County police officer is suing his former department and local leaders for $5 million, alleging sexual harassment and a hostile work environment.

This request follows a shooting in January 2023 in which then-police officer Michael Rusk allegedly shot and seriously injured his superior, Sergeant Christopher Gibson.

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The 15-page civil lawsuit alleges that JCC police leadership not only knew about the ongoing harassment, but also deliberately ignored it because Rusk was a man.

“We cannot comment on pending litigation,” a JCC Police Department spokesperson said. “We take all allegations of workplace misconduct extremely seriously and are committed to creating a positive and welcoming environment.”

Rusk claims that Gibson made several sexual advances toward him in the months before the shooting, including holding hands, touching, slapping, stalking and grooming.

According to the civil suit, Gibson allegedly tracked Rusk’s movements through apps and through the marked patrol he deployed, which includes a tracking device. Rusk claims Gibson showed continued favoritism by intentionally stationing Rusk near Gibson’s office. This behavior allegedly continued for years.

Lawyers said it all came to a head in January 2023 after Gibson allegedly sexually assaulted Rusk following a night of drinking in the Williamsburg area.

“Gibson prevented Mr. Rusk from calling for help and forcibly prevented Mr. Rusk from getting away from him by grabbing him and pushing him against Mr. Rusk’s truck,” William Peyton Akers, Rusk’s attorney, said in a court document.

The filing states that Rusk had no choice but to “appropriately defend himself” and he allegedly shot Gibson several times before calling 911.

After the shooting, JCC police charged Rusk with two felonies, including malicious wounding and possession of a weapon. A James City County municipal administrator then recommended that Rusk be fired.

The alleged violations included Rusk’s violent actions toward his supervisor, his refusal to cooperate with the internal investigation, and the sharing of “sexually and racially derogatory images using county-owned equipment.”

Rusk’s attorney argued that his client had told other supervisors about Gibson’s alleged sexual advances and pressured them to assign him to another subordinate.

Akers said his client did not file a formal complaint against Gibson because he feared retaliation, and Gibson was directly responsible for filing any disciplinary forms and taking any corrective action.

On the night of the shooting, investigators reportedly met with JCC police leadership at the hospital. Body camera video shows an officer waiting for approval from a boss before approaching the investigator.

“It was brought to my attention, so Rusk took me aside and talked to me in my office about Chris behaving a little inappropriately toward him at work or showing him favoritism,” the supervisor said. “I guess he was meeting with him while he was working, that sort of thing.”

That official then claimed that Rusk told his superiors that he would “handle the situation.” Rusk’s attorney denied that his client ever said that.

Akers said he filed the $5 million lawsuit on behalf of his client because Gibson, the local JCC leadership and the JCC police ruined his client’s life.

Rusk will face a jury on September 10 for the crime he is charged with. Gibson retired from the JCC Police Department on May 31, 2024.

A JCC Police spokesperson issued the following statement: “We continually review and improve our policies and practices to create a safe and respectful workplace for all employees.”

13News Now has not received a statement from James City County officials.