A Black FedEx driver in Mississippi has filed a lawsuit after a Jan. 24, 2022 incident resulted in shots being fired at him when he was trying to deliver a package.
The Mississippi Free Press reports, D’Monterrio Gibson is suing the City of Brookhaven, Miss., FedEx, and the two white men who allegedly chased and fired a gun at him while he was delivering packages. He is seeking $5 million in damages.
On Jan. 24, 2022, Gibson was making deliveries in Brookhaven, Miss., when a pickup truck drove toward him, blowing the horn, from a nearby residence. Gibson, at the time, was driving a Hertz rental with Hertz markings on the side but wearing his FedEx uniform.
Gibson swerved to avoid the truck and stepped on the gas to quickly leave the neighborhood. As he drove away, a second man stood in the middle of the street pointing a gun, signaling for Gibson to stop. He swerved to avoid the man who started firing his weapon into the van.
As Gibson drove away, he called his manager to report what was happening, as the pickup truck followed him onto the interstate. After about 10 minutes on the highway, the pickup was no longer tailing him. While on the way back to his FedEx station, Gibson called his dispatcher, who told him that he had received a call about a suspicious person at the address where Gibson was making his delivery.
After returning to the station, they discovered bullet holes in the delivery van and inside packages. The next day, on Jan. 25, Gibson and one of his managers went to the Brookhaven Police Department to file a report. Gibson said a white officer asked him if he had been “doing anything to make them think (he) looked suspicious.”
Gibson was put back on the job the next day.
After an investigation, the police identified the driver as Gregory Case and the man on the road as his son, Brandon Case. They surrendered to authorities on Feb. 1. The father was charged with conspiracy and the son with aggravated assault.
In the civil lawsuit, Gibson accuses FedEx of “intentional racial discrimination,” Brookhaven Police Chief Kenny Collins of “civil assault and battery” and “civil obstruction of justice.” Additionally, Brandon Case and Gregory Case are accused of “civil assault and battery” and “general/gross negligence.” The lawsuit also alleges Chief Collins “assaulted Plaintiff at the peaceful rally after the shooting” and gave the Cases eight days to turn themselves in, the Mississippi Free Press reports.
Attorney Carlos Moore, who represents Gibson, told the Mississippi Free Press, “We believe FedEx acted as they did based on racial discrimination. 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.”
Brandon Case and Gregory Case have pleaded not guilty to attempted murder, conspiracy to commit first-degree murder, and for shooting into a motor vehicle. A trial is scheduled for later this year.