Lawsuit filed against former fire chief

Posted by
Staff Writer
in Public Safety
Monday, December 21. 2009
Comments (20)
A federal lawsuit has been file against former Banks County fire chief Gary Pollard by an inmate who alleges that he raped her.

Dana Maloch, an inmate at Lee Arrendale Correctional Institute in Alto, was on a work duty at the Banks County Fire Department when the alleged incident occurred. In the lawsuit, the woman claims that Pollard kissed and touched her inappropriately several times and then raped her in July 2008.

“Defendant Pollard told the plaintiff never to say a word and that it would be her word against his and nobody would believe an inmate,” the lawsuit reads. “She was afraid to tell anyone of the rape and just went around crying all the time until the warden sent her to mental health. Then, the facts of the rape came out.”

Maloch also filed a lawsuit against former board of commission chairman Gene Hart and commissioners Rickey Cain and Joe Barefoot. The inmate claims that they were warned not to hire Pollard because he was discharged from a previous position because of sexual harassment of female employees.

Maloch is seeking compensatory and punitive monetary damages but a specific amount is not listed in the lawsuit. She is also asking for a jury trial.

The case was featured in a Fox 5 I-team report Tuesday night. In an interview for that broadcast, Pollard denied the allegations.
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#1 Anonymous on 12/21/09 at 02:43 PM [Reply]
She's in prison for armed robbery and is scheduled to get out in a couple of years. Seems like she's trying to line her bank account for when she's released...
#2 Concerned Taxpayer on 12/21/09 at 03:10 PM [Reply]
I disagree. Doing some research on line i found this case, its been filed for months, why is it just now going public ? Sounds like to me its been covered up so we the taxpayers wouldnt know. I think about a year and a half ago we had a large group of firefighters that tried to bring some issues to light, but the BOC shut them down, maybe some of their issues are now comming out. Its sad that we had to lose 75 percent of our vols. to get a point across. Now some of what they stood up for is comming out and makes sence. Maybe we as tax payers need to call on the GBI to come in and investagate and see what else can be uncovered. How many law suits does this fire dept have to cost us before something is done? Maybe the DA will investagate and do the right thing, just because she is an inmate doesnt give somebody in power over her the right to abuse her.
#2.1 JUST ME on 12/21/09 at 08:48 PM [Reply]
Banks County fire/ems has been a political football since the County took over the independent volunteer departments. Even today with this announcement, resignations by public safety board members (Wayne Abernathy), the election of former volunteer Charles Turk, and who knows what's next.

I hope I am wrong but I see a dark future for our safety. Until a real professional Fire Chief is hired and allowed to run the ship of public safety more hard times are ahead.














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#2.2 GBI - Great Baffoon Institute on 12/22/09 at 12:22 AM [Reply]
Spell check that name- Ahh the GBI should come in eh? Like they did researching the missing cash from the tax commissioners office? I'm wondering why the tax commissioner is not being recalled for withholding information until AFTER the election. Please, corruption is corruption whether in Washington or Homer.
#3 Anonymous on 12/21/09 at 06:54 PM [Reply]
Do some more research if you are so concerned. The suit was filed at the time the defendant was being run out of the county. There and been people who have provided financial support to the plantiff's family and legal fees. It is yet another attempt to smear someone for personal reasons. Right in the middle of it is one of the incoming county comms. There is a reason no charges have been filed. The claim was unsubstantiated and the plantiff couldn't even keep her story straight as to what really happened. It is a stab in the dark by filing a civil suit now. If you look at who called the I-Team you will find a former employee that has a personal issue with the defendant. He was seen talking to Randy Travis at his current job working as a private service EMT. But, you obviously already know this and are just stirring the pot a little more. None of your statements are accurate and factual. You are just strumming the same old string your group of people have been on for 2 years now. The FD has not cost this county any money in law suits. Every county in the US gets sued. It's the way people are now. Always trying to get something for nothing.
#4 Concerned Taxpayer my backside on 12/21/09 at 07:55 PM [Reply]
So which one of the former vols are you ? Or related too ?
Maybe we should also investigate those former vols for some of there dirty laundry because lord knows there is a bunch out there !
Alligations are so easy .... I can claim that anyone did anything and get a lawyer to sue.
The whole fire department issue is really easy to fix folks. New chief and EMS director from the outside comes in and our BOC butts out and tells both former and currant staff that the new chief is going to set the standard...sit down,shut up or get out.
This bunch of grown men and women have done enough damage to our county. Hope none of the formers come back and all of the currant staff leave as protecting lives and property is NOT what any of you are in it for !!!!
#5 geez!! on 12/22/09 at 05:21 AM [Reply]
So let me get this straight..just because this woman is an inmate we should not believe what she said?? I would like to know why was mr.pollard allowed to be alone with inmates to begin with ? especially when they are female. Seems to me we have had so much problems with the fire dept. In the past couple of years and anytime someone wanted to talk about it people would get nervous and stop it... It think the county should invest in some training for their employees and volunteers about MORALS, SEXUAL CONDUCT , and teach them the proper behavior of a employee/volunteer . This might save the county the embarrassment and lawsuits in the future...
#5.1 Anonymous on 12/22/09 at 10:49 AM [Reply]
If you look at the facts there have been no problems from the active firefighters of this county. Sure, there is an ongoing dispute. The problem is with the group of former volunteers who pitched a hissy fit because their title got changed from "Chief." The people have heard their whines and cries but not the whole story. No call has gone answered and service has not suffered. The county is better of than it ever has been for emergency services. Good triaining on both sides where all members are on the same page. This lawsuit is just another tactic from the Wells/Turk/Clark/Dalton camp.
#5.1.1 #1 Tax Payer on 12/26/09 at 08:12 PM [Reply]
Add one more name to that list-Sammy Reese. You are correct on that girl who could not get her story straight. Her lawyer got told by the first judge on her second story to shape up. Her lawyer re-filed the third time with a different judge. I hope the DA can flust out the truth from somebody.
#6 Tacky on 12/22/09 at 08:43 PM [Reply]
Seems like the active fire personal can tell more lies than any other. It is jealously that eats them all up. The most positive behavior is that Gene Hart, Ricky Cain and Joe Barefoot could have listened to a human being instead of Chief Pollard then he could have been hung then nice and proper!!!
#7 question ?? on 12/22/09 at 08:56 PM [Reply]
Speaking of cover ups when are they going to stop the K-9 truck from driving ALL over ?
I saw it up at NE Georgia medical center two weeks ago....unless the dog needed an MRI there is something strange going on with that old ambulance driving around at 1 am in Hall county !
As I understand it that whole mess was/is Banks County Fire Department ?
#7.1 TAXPAYER on 12/25/09 at 08:53 PM [Reply]
They were probably doing the same thing that Keith Covington is doing when he drives the county truck over to Ingle's grocery in another county. Covington must be taking care of Banks county business in other counties at their grocery stores on the weekend. I guess he got it OK'd by the BOC.
#7.2 Anonymous co friend on 01/01/10 at 01:12 AM [Reply]
whats the big deal about the dog?if it was your child your grandmother or just say family lost would you want ppl or a dog that is trained to seach for missing ppl?or would you reather complain about a truck riding down the road that you dont know if they are comming back from training or finding a lost person!Does it matter what (co)the truck rolls in as long as THE DOG is getting the job done!HELLO ppl you cant train a dog if its in a dog cage!Think about the facts befor you put your own foot in your mouth!!!!people must not have anything else better to do than to talk junk when you know that is not true!
#8 Ompla on 12/23/09 at 05:55 PM [Reply]
If there was any bit of truth to this allegation, why have criminal charges not been brought?
#8.1 geezz!!! on 12/24/09 at 08:11 PM [Reply]
Read the paper.. Lawsuit filed,so charges are pending... Is it the fact she is an inmate? Or the fact that Mr.Pollard got caught??? ... If this was your child, your friend, your relative how would you feel then? People make mistakes, but even while they are in jail/prison they still have rights...I don't even know this girl but she deserves respect,fail trial,help from people who treat her wrong.....
#8.1.1 Anonymous on 12/26/09 at 05:00 PM [Reply]
Nope, no charges pending. Already been thown out by DOC internal affairs and GBI long ago. Just a civil suit now. Read the story. 2008 people, nothing criminal has been found to have happened. The DOC & GBI did not find any reason to file charges. Why would the DA? It's just lip service so all of you won't say he didn't look into it. It's now just a search for money for a convict.
#8.1.2 concerned citizen on 12/27/09 at 07:45 PM [Reply]
Talking about facts! How do you know the truth? Was you there? Mr. Pollard is some ones son,husband,father,and friend and it seems you don't care! What about his rights? By law he is not guilty until proven guilty. Let the courts take care of this. Right now you are guilty of slander. Unless you were there You don't Know! The team that was against Mr. pollard got their way. Move On!!!!! Sounds like you are keeping thing stirred up. Are you that sad and depressed with your life? Leave it alone. What you say and do will eventually come back to you!
#8.1.2.1 geezzz... on 12/28/09 at 11:30 AM [Reply]
Are you that sad and depressed with your life?(concerned citizen) because my life is wonderful....as far as your comment on the slander...i haven't said anything that the paper,other people or even YOU have said also. so who cares what you think.... have a wonderful day a try to get a life concerned citizen..
#8.1.3 Anonymous on 12/28/09 at 12:37 PM [Reply]
"Read the paper.. Lawsuit filed,so charges are pending..." Do you have a clue how the court system works? Lawsuit is civil, charges are criminal. Two completely separate things. I can sue for anything I feel the need to. Doesn't mean anything criminal happened or any charges are filed. Get real.
#9 to Anonymous co friend on 01/01/10 at 02:33 PM [Reply]
There was no dog in that truck !!! It was bought with county $$$ and has county gas in it JM ! I forgot it's the "missing kid " excuse again about your kid....give it a rest ! The citizens of Banks have bigger issues then letting a couple guys ride around eating taco bell and burning gas claiming there "training"
Pollard is gone so it's time to finish cleaning out the mess so we can move on starting with the K9 unit and Fire Dept officers.
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