Rockingham County Sheriff Sam Page — who narrowly defeated state Senate leader Phil Berger in the Republican primary for Berger’s seat — is suing the county and Berger’s son in federal court. Page alleges that they retaliated against him for opposing some of the senator’s policies and for the sheriff’s decision to mount a political campaign against the longtime lawmaker.
Page accuses Kevin Berger of abusing his elected position on the Rockingham County Board of Commissioners to orchestrate an effort to harm Page’s campaign against the commissioner’s father. The sheriff also accuses the county of wrongly reducing his pay. Page says the timing — after he publicly opposed a casino supported by Phil Berger and after Page announced his candidacy against him — prove that the actions were retaliatory. He says they violated his First Amendment rights.
Other WRAL Top Stories
“A government official may not punish a person who engages in activity protected by the First Amendment by taking action against him that would deter a person of ordinary firmness from engaging in, or continuing to engage in, the constitutionally protected activity,” Page says in his lawsuit, which was filed Monday in U.S. District Court for the Middle District of North Carolina.
Kevin Berger didn’t immediately provide a comment when reached. Rockingham County Attorney Clyde Albright didn’t immediately respond to a request for comment late Tuesday. Phil Berger, the outgoing senator who wasn’t named in the lawsuit, told reporters Tuesday: “I don't know anything about it, other than I understand there's a lawsuit out there.”
Page alleged that some of his campaign finance records were destroyed or removed by Kevin Berger or somebody working with him. Page claimed in court documents that the commissioner then filed a public records request knowing that the campaign finance records were missing and then made statements on social media falsely maligning Page. “His purpose was to exploit their absence to manufacture a controversy that would benefit Senator Berger’s campaign against Sheriff Page,” Page’s lawsuit alleges.
Page also claimed Kevin Berger made false accusations of financial misconduct. Page alleged that the commissioner encouraged state investigators to probe the sheriff over what the commissioner described as a “secret bank account.” Page says the account has been known to the county finance department for more than 15 years and that it has never been questioned in audits. He alleged that Kevin Berger made the statements “knowing they were false or, at the very least, with reckless disregard for their truth or falsity.”
Page also alleges that the county broke the law when it reduced Page’s compensation during his term. He alleges that the county unlawfully removed from his compensation cost-of-living and merit increases soon after he opposed the casino plan that the Senate leader had supported.
The county also sought to claw back some payments that it said it had made erroneously and threatened to deduct it from Page’s final paycheck if he declined to repay before retiring, Page alleges. Page had previously said he would retire. He said his retirement benefits would be “unlawfully diminished as a result” of the compensation cut. Page said it was “a resort to self-help against an elected official on the eve of his retirement that reveals the punitive purpose behind its demand.”
Phil Berger conceded the Republican primary to Page in March after a drawn-out recount process — a shocking, 23-vote defeat for one of the state's most powerful lawmakers whose long tenure was upended by a challenger who said the incumbent had lost touch with his district.
Page defeated the lawmaker despite efforts from state Republican leaders and President Donald Trump himself to convince Page to end his campaign. He faces Democrat Steve Luking in the November general election. Berger, the senator, leaves office in January.