SPCV22-00191-CO

e-Filed in Office
Tammie Mosley
Clerk of Superior Court
IN THE SUPERIOR COURT OF CHATHAM COUNTY Chatham County
STATE OF GEORGIA Date: 2/21/2022 2:19 PM
Reviewer: MS

RAPE CRISIS CENTER OF THE

COASTAL EMPIRE, INC.,

Plaintiff,
SPCV22-00191-CO
v. Civil Action No: _____________________

KESHA GIBSON-CARTER,

Defendant.

COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES

Comes Now Plaintiff Rape Crisis Center of the Coastal Empire, Inc. (“RCC”) and files this

Complaint for Injunctive Relief and Damages against Defendant Kesha Gibson-Carter (“Gibson-

Carter”), and in support thereof would show as follows:

INTRODUCTION

1. This case arises from Gibson-Carter’s breach of a Confidential Settlement

Agreement and Release entered in to by the Parties (the “Agreement”). That Agreement resolved

certain claims brought by Gibson-Carter against, among others, the RCC and the individuals on

its Board of Directors in relation to the separation of her employment with the RCC (“the

Lawsuit”). Within days of executing the Agreement, Gibson-Carter breached the confidentiality

and non-disparagement terms of the same. RCC seeks temporary, preliminary, and permanent

injunctive relief prohibiting Gibson-Carter from continuing to violate the Agreement and damages

arising out of her breach.

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Complaint
Rape Crisis Center of the Coastal Empire v. Kesha Gibson-Carter

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 PARTIES

2. The RCC is a Georgia non-profit corporation domiciled in Chatham County,

Georgia.

3. Gibson-Carter is a resident of Chatham County, Georgia. She can be served with

summons at her home address of 306 Megan Court, Savannah, Georgia 31405.

4. Gibson-Carter executed and breached the Agreement in Chatham County. Venue

and jurisdiction are proper in this court.

FACTS

5. Gibson-Carter’s employment with the RCC was terminated in 2018 after numerous

complaints and incidents regarding her behavior.

6. Shortly after her termination, Gibson-Carter filed a lawsuit in the United States

District Court for the Southern District of Georgia against numerous public officials, the RCC, and

RCC’s Board of Directors making false and unfounded allegations of race discrimination

(“Lawsuit”).

7. The District Court promptly dismissed all public officials from the Lawsuit.

8. RCC vigorously defended against Gibson-Carter’s false claims. Indeed, despite

numerous depositions and extensive written discovery, Gibson-Carter never presented any factual

evidence of race discrimination on the part of the RCC or anyone else.

9. At the same time that Gibson-Carter initiated her federal lawsuit, she also began a

career as an elected official, during which time she has frequently been reprimanded for behavior

similar to that about which the RCC received complaints. Moreover, she continues to assert herself

as a victim of racism in every encounter that does not go her way.

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Rape Crisis Center of the Coastal Empire v. Kesha Gibson-Carter

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 10. Indeed, “racism” has become a constant rallying cry for Gibson-Carter and the

narrative around which she has built her political life, including in her newly announced campaign

for mayor of Savannah.

11. This need for attention, false narrative, and manipulation of facts has now even

compelled Gibson-Carter to breach the Agreement she entered with RCC.

12. The Agreement between Gibson-Carter and RCC states in part: “Each Party hereto

denies, and continues to deny, any obligation or liability whatsoever with respect to any of the

disputes, claims, or causes of action arising out of the settled claims, and by virtue of this

Agreement is in no way admitting any such obligation or liability. Although each Party continues

to deny all liability for the claims asserted against it, each Party hereto agrees to compromise and

settle the claims specified herein, and to avoid further expense in the defense of these claims

against it.” 1

13. The Agreement further states, “it is the [Parties’] clear intent that the Settlement

Payment as described above, is for the sole and exclusive purpose of settling seriously disputed

and vigorously contested claims, buying peace, and avoiding further and substantial expense of

litigation.” 2 In fact, said settlement payment was meager compared to the absurd amount of money

Gibson-Carter originally demanded for her claims, and her portion of the settlement payment was

no more than what she was offered by RCC when given the opportunity to resign years before.

14. In the Agreement, Gibson-Carter specifically agreed that she “will not, without

compulsion of legal process, disclose to any third party the terms of this Agreement, including the

1
See attached Exhibit 1, Settlement Agreement at ¶ 5. Due to the confidentiality of the Settlement
Agreement, RCC has redacted the Agreement to only show those relevant portions cited herein.
2
See Exhibit 1, Settlement Agreement at ¶ 8.

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Rape Crisis Center of the Coastal Empire v. Kesha Gibson-Carter

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amounts referred to herein…Any breach of this section shall be considered a material breach of

this agreement, and the Parties acknowledge that they deem confidentiality a material condition of

this Agreement, absent which they would not have agreed to the germs set forth herein.” 3 Thus,

confidentiality was a material inducement for RCC to enter the Agreement.

15. The Parties further agreed that “breach of this confidentiality Section would

constitute an irreparable harm to the non-breaching party and that in the event of any breach of

this Section, the non-breaching Party may obtain an injunction prohibiting future breaches. The

availability of injunctive relief is in addition to other remedies available under this Agreement,

including any Party’s right to damages and any reasonable attorney’s fees and costs available under

this Agreement for enforcing this provision, as well as any additional remedies available at law.” 4

16. Importantly, the Agreement clearly and unequivocally prohibits any statement

explicitly or implicitly suggesting that Gibson- Carter “won” her lawsuit. The Agreement only

permits Gibson-Carter to state that “the matter resolved to the mutual satisfaction of the parties or

similar words to that effect.” 5

17. The Agreement also contains a clear and unambiguous Mutual Non-Disparagement

Agreement in which Gibson-Carter agrees “to refrain from (a) defaming or disparaging [RCC], or

any aspect of their business, or any former or existing employees, managers, officers, or agents of;

(b) acting in a manner that reasonably may be viewed as detrimental to the above-identified

persons’ and entities’ best interests, or (c) communicating with any member of the press or media

3
See Exhibit 1, Settlement Agreement at ¶ 15.
4
See Exhibit 1, Settlement Agreement at ¶ 15.
5
See Exhibit 1, Settlement Agreement at ¶ 15.

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Rape Crisis Center of the Coastal Empire v. Kesha Gibson-Carter

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concerning Defendant or the allegations involved in [the Lawsuit].” 6. This prohibition applies to

any medium, including, but not limited to, any posting, comments, pictures or texts through any

smartphone, social media, webpages, Facebook and more. 7

18. The Agreement further clarifies that “a disparaging statement or representation is

any communication which, if publicized to another, would cause or tend to cause the recipient of

the communication to question the business condition, integrity, competence, good character, or

product quality of the person or entity to whom the communication relates.” 8

19. The Agreement also provides for liquidated damages in the amount of one thousand

dollars ($1,000.00) per violation for breach of the Agreement. 9

20. On January 28, 2022, Gibson-Carter signed a Settlement Memorandum in which

the above referenced terms were incorporated. 10 Less than four days later, Gibson-Carter appeared

on a Facebook Live event with friend and fellow councilwoman Alicia Blakely in which she stated

that she “won her race and her case,” the “case” being a reference to the Lawsuit. She and Blakely

then tossed the phrase back and forth jovially, as if in celebration of Gibson-Carter’s vindication

and victory against RCC. That is, they clearly intended to communicate to the listening audience

that the court had ruled in Gibson-Carter’s favor, and that the RCC had discriminated against her

on the basis of her race. This statement was false and was known to be false by Gibson-Carter

when she publicly made it; Gibson-Carter did not “win” her lawsuit; no court ever entered such a

judgment, and clearly this outcome would not have been to the satisfaction of RCC.

6
See Exhibit 1, Settlement Agreement at ¶ 16.
7
Id.
8
Id.
9 Id.
10
See attached Exhibit 2, Settlement Memorandum. Due to the confidential nature of the Settlement
Memorandum, RCC had redacted Memorandum to only show those relevant portions cited herein.

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Rape Crisis Center of the Coastal Empire v. Kesha Gibson-Carter

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 21. In addition, during the Facebook Live event, while exulting “I won my race and I

won my case,” Gibson-Carter also disparaged the current Director of the RCC, suggesting that

Gibson-Carter was far more capable and qualified, and that the current Director was no more than

a receptionist.

21. In making these comments, Gibson-Carter violated the Settlement Memorandum

and the Agreement.

22. Gibson-Carter executed the full Agreement on February 4, 2022.

23. Then, on February 11, 2022, perpetuating this damaging lie and now apparent

campaign jingle, she told the Savannah Morning News that “I won my race and I won my case.” 11

23. On February 18, 2022, fellow councilwoman Linda Wilder-Bryan contacted RCC

out of concern after Ms. Wilder-Bryan was alerted to a social media post made by Gibson-Carter

where Gibson-Carter falsely published to her audience on her Facebook page that she won her case

[against RCC]. 12

24. Through her false public statements to public audiences that she won her Lawsuit

against RCC, Gibson-Carter has continued to violate the confidentiality provisions of the

Agreement. Indeed, there is no plausible interpretation of the confidentiality clause which could

equate Gibson “winning” the Lawsuit with a resolution to the “mutual satisfaction” of the parties.

The comments Gibson-Carter has caused to be made and published are false, misleading and a

clear breach of the Agreement.

25. In addition, Gibson Carter’s comments that she “won her case” suggests that a court

11
See attached Exhibit 3, Savannah Morning News Article dated February 11, 2022.
12 See attached Exhibit 4, screen shot Gibson-Carter’s social media post.

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found that RCC engaged in race discrimination against her. This completely false representation

that the RCC was found by a court of law to have violated the law in such a socially despicable

manner is damaging and detrimental to the RCC, which seeks public and government support, and

which serves many African American victims.

26. Gibson-Carter’s comments were deliberate and made with knowledge of her

obligations under the Settlement Memorandum and the Agreement. Further, she made these

comments for the purpose of casting the RCC in a negative light and elevating her public profile

and political career.

27. If Gibson-Carter is not enjoined from further breach of the Agreement, she will

continue to spread false and disparaging information about the RCC in violation of the same, which

will cause the RCC irreparable harm.

CAUSE OF ACTION

COUNT ONE
BREACH OF THE SETTLEMENT AGREEMENT

28. Plaintiff incorporates paragraphs 1-27 as if fully set forth herein.

29. Gibson-Carter violated both the confidentiality and the non-disparagement

provisions contained in the Agreement.

30. Gibson-Carter has no defense to such breach.

31. The Agreement specifically provides that, in the event of breach of the Agreement,

the RCC will be entitled to injunctive relief and damages, including the attorney’s fees expended

in seeking enforcement of the Agreement.

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 COUNT TWO
BREACH OF THE DUTY OF GOOD FAITH AND FAIR DEALING

32. Plaintiff incorporates paragraphs 1-31 as if fully set forth herein.

33. Gibson-Carter breached the Agreement in bad faith and with the intent to mislead

the public about the outcome of her lawsuit, disparage and cast the RCC in a negative light, and to

advance her own political career. She is liable to RCC for all damages arising from her breach of

the duty of good faith and fair dealing.

WHEREFORE, Plaintiff RCC respectfully asks this Court to:

a. Enter a temporary restraining order prohibiting Gibson-Carter from further

violation of the Agreement;

b. Enter judgment in RCC’s favor;

c. Enter preliminary and permanent injunctive relief prohibiting Gibson-Carter from

further violation of the Agreement;

d. Imposing liquidated damages against Gibson Carter in an amount of $1,000.00 per

violation, both as set forth above and as to further violations that may be proved at

a hearing of this matter;

e. To award further damages to RCC for the breach of the duty of good faith and fair

dealing;

f. To award an amount equal to the full settlement amount Gibson-Carter received in

resolution of the lawsuit due to the continuing use of her public platform to

disseminate false, misleading and disparaging statements about RCC to her

audience and followers;

g. Award all costs of litigation and attorney’s fees resulting from this action to enforce

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Rape Crisis Center of the Coastal Empire v. Kesha Gibson-Carter

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 the Agreement to the RCC;

h. Any other remedy that the court finds just and equitable under the circumstances.

This 21st day of February, 2022.

HALL, GILLIGAN, ROBERTS &
SHANLEVER, LLP

/s/ Kristen W. Goodman

KRISTEN W. GOODMAN
Georgia Bar No. 300881
kgoodman@hgrslaw.com
KERI M. MARTIN
Georgia Bar No. 679803
kmartin@hgrslaw.com
7402 Hodgson Memorial Drive, Suite 110
Savannah, GA 31406
Telephone: (912) 777-6636

ATLANTA OFFICE:
3340 Peachtree Rd, NE, Suite 1900
Atlanta, GA 30326
Telephone: (404) 442-8776
Facsimile: (404) 537-5555

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Rape Crisis Center of the Coastal Empire v. Kesha Gibson-Carter

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