The Mississippi Black FedEx worker confronted by a white father-son duo with guns has filed a $5 million federal lawsuit alleging assault, battery, and racial discrimination. D’Monterrio Gibson, 25, was chased out of a neighborhood and faced multiple gunshots by Gregory Case and his son Brandon Case while delivering packages for FedEx last year.
“I think about Ahmaud, he didn’t make it, but D’Monterrio did,” Sharon McClendon said of her son, comparing Gibson’s encounter to that of the Black man who was shot dead after being chased down by three white men in a south Georgia subdivision.
Gibson’s attorney, Carlos Moore described the 25-year-old’s case as “eerily similar” to Ahmaud Arbery’s, although Gibson was not injured in his encounter.
Arbery was also chased down by a white father-son duo Gregory and Travis McMichael in February 2020. The McMichaels shot and killed Arbery in a viral video that contributed to them being convicted of murder and federal hate crime charges.
Gibson of Jackson, Mississippi, is suing the City of Brookhaven, Mississippi, the Brookhaven Police Chief, Kenny Collins, and Gregory and Brandon Case. He is also suing his employer, FedEx.
Within Gibson’s lawsuit he says Gregory and Brandon Case “essentially terrorized” him. He claims Police Chief Collins and the City of Brookhaven “deliberately delayed the proper investigation” and consequently “delayed the arrest” of Gregory and Brandon Case. The Cases were given eight days to turn themselves in and charged with aggravated assault and conspiracy and released from custody the same day.
“The Chief and the City engaged in obstruction of justice by delaying the indictments,” Moore said.
The Cases charges were upgraded by a grand jury on Nov. 18, 2022, to attempted murder, conspiracy and shooting at a motor vehicle.
The lawsuit also alleges, “FedEx sent him back on the same dangerous route the following day, intentionally discriminating against [Gibson] because of his race and intentionally inflicting emotional distress.”
“Mr. Gibson came to an inch of losing his life, and FedEx sent him back to the same delivery route,” Moore said. “If Gibson were white and the Cases were Black and roles were reversed FedEx would not have sent him back on the same route,” Moore added.
Moore added Gibson is still on FedEx’s payroll, although he is not actively working.
Gregory and Brandon Case are currently out on bond and awaiting a criminal trial later this year Mississippi Free Press reports. The Cases pleaded not guilty to the charges last November.
The incident prompting the lawsuit occurred on Jan. 24, 2022, around 7 p.m. Gibson had just delivered a package at a Brookhaven home in the Junior Trail neighborhood. As the uniformed Gibson walked back to his delivery truck marked in Hertz branding to drive away, he saw a white pickup truck driven by Gregory Case approaching his delivery truck.
Gibson told investigators as he tried to drive away out of the neighborhood, he saw Brandon Case standing in the middle of the street with a gun pointed towards the delivery truck. Brandon Case told Gibson to stop driving, but Gibson continued driving past him. Brandon Case fired several gunshots into the delivery truck as Gibson drove away.
“I was acting completely off instinct,” Gibson said.
The lawsuit claims Gibson suffered from severe anxiety, and Moore says the 25-year-old is still dealing with the trauma.
“Gibson continues to suffer mentally emotionally and he is still in counseling,” Moore said.
“I still think about what would have happened had he not made it out, that runs through my mind every day, all day,” McClendon said.
Atlanta Black Star reached out to Brookhaven Mayor Joe Cox, Brookhaven Police Chief Kenny Collins for comment on the allegations within the lawsuit but neither immediately returned our requests for comment.
FedEx said in a statement, “We are aware of the lawsuit. FedEx has a diverse workforce and leadership team, and our focus in the aftermath of the incident was to support Mr. Gibson. We strongly disagree with the claims made against FedEx and will defend the lawsuit.”
Attorneys for Gregory and Brandon Case could not be immediately reached by Atlanta Black Star.
“Gibson is still holding his breath for a conviction in the criminal court just as we are seeking punitive and compensatory damages,” Moore said.
Although the family hopes the Department of Justice investigates Gibson’s case for federal hate crime charges, the DOJ has not confirmed it has launched its own investigation.