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Case: WAG Document #: 20 Filed: 10/11/2017 Page 1 of 13

IN THE CIRCUIT COURT OF HINDS COUNTY, MISSISIPPI


FIRST JUDICIAL DISTRICT

Civil Action No: __


Plaintiff(s),

v.

WILLIAM ERVIN EDWARDS,


R & H FITNESS RIDGELAND, LLC d/b/a
PLANET FITNESS, PLANET FITNESS
EQUIPMENT, LLC, PFIP, LLC, and
PLA-FIT FRANCHISE

Defendant(s).

AMENDED COMPLAINT
(Jury Trial Demanded)
COMES NOW Plaintiff, (hereinafter “Plaintiff”), and files this
Complaint for Defamation and Negligence against Defendants William Ervin Edwards
(hereinafter “Defendant Edwards,) R & H Fitness Ridgeland, LLC d/b/a Planet Fitness
(hereinafter “Defendant Planet Fitness,”) and Planet Fitness Equipment, LLC (hereianfter
“Defendant PFE,”) PFIP, LLC (hereinafter “Defendant PFIP,”) and PLA-FIT FRANCHISE,
LLC ( hereinafter “Defendant Pla-Fit,”) or collectively Defendants, and shows this Court as
follows.
PARTIES

1.
Plaintiff, , is an adult citizen of Mississippi, whose address is
, Madison, Mississippi 39110.
2
Defendant Edwards is an adult citizen of the State of Mississippi, whose address is 210
Riviera Drive, Jackson, Mississippi 39211.
3.
Defendant Planet Fitness is a domestic corporation qualified to do business in the State of
Mississippi, whose address is 722 Lake Harbour Dr. Ste. 1, Ridgeland, MS 39157, and may be

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served with process upon its registered agent, Chris Rains, at 2318 Pass Road, Biloxi,
Mississippi 39531.
4.
Defendant PFE is a foreign corporation qualified to do business in the State of
Mississippi, with its principle place of business in New Hampshire, and may be served with
process upon its registered agent, C T Corporation System, at 645 Lakeland East Drive, Suite
101, Flowood, Mississippi 39232.
5.
Defendant PFIP is a foreign corporation qualified to do business in the State of
Mississippi, with its principle place of business in New Hampshire, and may be served with
process upon its registered agent, C T Corporation System, at 645 Lakeland East Drive, Suite
101, Flowood, Mississippi 39232.
6.
Defendant Pla-Fit is a foreign corporation qualified to do business in the State of
Mississippi, with its principle place of business in New Hampshire, and may be served with
process upon its registered agent, C T Corporation System, at 645 Lakeland East Drive, Suite
101, Flowood, Mississippi 39232

JURISDICTION AND VENUE


7.
This Court has jurisdiction over the subject matter herein pursuant to the provisions of
Section 9-7-81 of the Mississippi Code of 1972, annotated, as amended, in that this cause of
action is not made exclusively cognizable in some other Court by either the Constitution or the
laws of this state, and by virtue of the fact that the principle amount in controversy exceeds Two
Thousand Five Hundred Dollars ($2,500.00).
8.
Venue is proper in this Court to the provisions of Section 11-11-3(1)(a)(i) of the
Mississippi Code of 1972, annotated, as amended, in that Hinds County is the county where one
or more of the Defendants reside.

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FACTUAL BACKGROUND
9.
On or about September 22, 2016, Plaintiff was a member of Defendants Planet Fitness,
PFE, PFIP, and Pla-Fit.
10.
Defendant Edwards was an employee of Defendants Planet Fitness, PFE, PFIP, and Pla-
Fit during the time of defamation and negligence. Video with defamation and negligence
occurred on Defendants Planet Fitness, PFE, PFIP, and Pla-Fit’s premises during Defendant
Edward’s shift.
11.
Upon information and belief, Defendant Planet Fitness knew that Defendant Edwards
was involved in known Political Action Committee (PAC), known as “The Cipher.”
12.
Upon information and belief, Defendant Edwards offered discounts to Planet Fitness for
members of “The Cipher.”
13.
Upon information and belief, Defendants Planet Fitness, PFE, PFIP, and Pla-Fit knew
that Defendant Edwards was offering discounts to “The Cipher” group members.
14.
During a Facebook live presentations, Defendant Edwards made the following statements
at Planet Fitness, while on shift:
Video dated September 22, 2016
[27:50] Defendant Edwards stated that Erica Stewart was in a relationship with Plaintiff, also
known as Pastor , who is a married man.
[28:18] Defendant Edwards stated that Erica is being paid by The Word Church in some form or
fashion.

Video dated September 23, 2016, entitled “Cipher Time Part 2 What’s The Word at
Church.”

[21:45] Defendant Edwards indicated that he had a conversation with Plaintiff.


[27:25] Defendant Edwards stated there are folks like Plaintiff and Erica who have sex out of
pure lust.
[28:45] Defendant Edwards stated that he knew without a shadow of a doubt that Erica and
Plaintiff have something going on and it ain’t church music Pastor .

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[29:45] Defendant Edwards said he was coming to with 20-30 goons.


[30:20] Defendant Edwards admitted that Erica Stewart gave him “dirt” on many pastors, but she
did not give dirt on Plaintiff.
[31:05] Defendant Edwards stated that Plaintiff manipulates and screw young girls.
[32:50] Defendant Edwards said that Plaintiff and Erica spent a lot of time at the church
together.

Video dated October 31, 2016, captured at Planet Fitness during Mr. Edward’s shift

[4:16] Defendant Edwards indicated the Plaintiff was sticking his ding-a-ling in a little girl.
[5:11] Defendant Edwards alluded to the notion that he had a Smith & Wesson.
[5:39] Defendant Edwards stated that Plaintiff needed to be careful. Be very careful.
[5:56] Defendant Edwards indicated that Plaintiff’s membership would probably be deleted
because he had a relationship with Defendant Planet Fitness.
[6:43] Defendant Edwards stated when he saw Plaintiff again, no matter who is with him, his
wife, children that he was going to let Plaintiff know who he was.
[7:02] Defendant Edwards made verbal threats and later indicated that he was coming to
Plaintiff’s church on the upcoming Sunday. He said to expect that; unless, he saw
Plaintiff before then.
[7:20] Defendant Edwards, utilizing the information in Defendant Planet Fitness’ database said
that maybe he needed to come by .
[8:05] Defendant Edwards indicated that he would show Plaintiff what real beef looks like.
[8:50] Defendant Edward stated to his Facebook live audience that he couldn’t wait to see
Plaintiff again. Additionally, he said Plaintiff might not see it coming.
[9:14] Defendant Edwards stated that every time Plaintiff looks up, someone was going to be
beefing with him, whether at Bible Study or picking his kids up from school.
[9:38] Defendant Edwards stated that he would see Plaintiff real soon.

Video dated November 2, 2016


[101:40] Defendant Edwards stated that Plaintiff was put out of a church called
because of sexual misconduct.

Video dated November 11, 2016


[12:10] Defendant Edwards stated that Plaintiff was once an employee of Carlos Moore Law
Firm and convinced Erica Stewart to sue Belhaven University to receive a kickback.

Video dated November 14, 2016


[28:45] Defendant Edwards indicated Plaintiff texted him calling him a faggot.
[29:35] Defendant Edwards stated that Plaintiff was having affairs with young girls.
[36:00] Defendant Edwards said that Plaintiff is a queen (slang for a homosexual or bisexual)
and doesn’t care where he gets it from; little boys or girls.

PUBLICATION WITH ACTUAL MALICE


15.

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Defendant Edwards knowingly and maliciously published the aforementioned false


statements at Defendants Planet Fitness, PFE, PFIP, Pla-Fit, while on his shift.
16.
Defendant Edwards knowingly published threats of bodily harm against Plaintiff, while
on shift at Defendants Planet Fitness, PFE, PFIP, Pla-Fit.
17.
Defendant Edwards knowingly published Plaintiff’s personal information utilizing
Defendant Planet Fitness, PFE, PFIP, and Pla-Fit’s database to make threats of bodily harm
toward Plaintiff.
18.
To generate interest for “The Cipher” Show, Defendant Edwards colluded with other
Planet Fitness Staff with the goal of popularizing their intended storyline “The Cipher” Show.
19.
Defendants Planet Fitness, PFE, PFIP, and Pla-Fit failed to adequately train staff
pertaining to data management.
20.
Defendants Planet Fitness, PFE, PFIP, and Pla-Fit failed to implement safe systems to
protect client data from unauthorized personnel.
21.
Defendants Planet Fitness, PFE, PFIP, and Pla-Fit failed to properly screen employees
with extensive criminal records.
22.
Defendants Planet Fitness, PFE, PFIP, and Pla-Fit failed to notify Plaintiff,a member, that
his information had been breached after coming into the knowledge of said incident.
23.
Defendants Planet Fitness, PFE, PFIP, and Pla-Fit directly benefited from Defendant
Edwards Facebook live video by creating new members from the “The Cipher” Show.
24.
Defendants Planet Fitness, PFE, PFIP, and Pla-Fit negligently exposed Plaintiff to a
public danger.
25.

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After publishing said videos, others on the social media platform shared videos no less
than two hundred fifty times causing published video to become topics of conversation across the
southern region.
26.
As a result of the increased popularity of video made at Planet Fitness, Defendants
Edwards, Planet Fitness, PFE, PFIP, and Pla-Fit enjoyed the popularity and exposure via various
Facebook personalities, including but not limited to Syndicated Radio Host Rickey Smiley.
COUNT I: DEFAMATION
(Against Defendants Edwards)
27.
Defendant Edwards incorporates by reference paragraphs 1-23 of this Complaint as
though the same were set forth herein their entirety.
28.
Defendant Edwards published the false and defamatory statements to at least thousands
of people via Facebook live knowing that the statements were false.
29.
At all times relevant herein, Defendant Edwards was responsible for the filming, editing,
and the broadcast of “The Cipher” show.
30.
Upon information and belief, Defendant Edwards published false and defamatory
statements to be internationally broadcasted via social media. The shows continue to be available
online and on-demand for views locally and internationally.
31.
Defendant Edward’s statements have been published to at least thousands of viewers.
32.
Defendant Edward’s false statements were made with actual malice, in total disregard for
the truth, and in the complete absence of any special privilege.
33.
Plaintiff is entitled to general and special damages for the following harm: loss of
earnings, emotional distress, and impairment of his reputation.

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COUNT II: CYBERSTALKING AND BULLYING


(Against Defendant Edwards)
34.
Plaintiff incorporates by reference paragraphs 1-33 of this Complaint as though the same
were set forth herein in their entirety.
35.
Defendant Edwards’ made and continues to make threats of harm and statements during
multiple social media videos toward Plaintiff; even though, Plaintiff still has not said a word to
Defendant Edwards.
36.
Defendant Edwards’ bully and continues to bully Plaintiff on social media by way of his
Facebook live, standard posts, etc.
37.
Plaintiff is entitled to general and special damages for the following harm: loss of
earnings, emotional distress, mental anxiety, and impairment of his reputation.
COUNT III: FALSE LIGHT
(Against Defendant Edwards)
38.
Plaintiff incorporates by reference paragraphs 1-37 of this Complaint as though the same
were set forth herein in their entirety.
39.
Defendant Edward’s made threats and statements during multiple social media videos
that Plaintiff had romantic relationships with young girls and men.
40.
Defendant Edwards knew that the statements were false and colluded to make up the
false statements about Plaintiff to be disseminated to the public with the intention of causing
harm to the Mississippi Trademark, and Plaintiff’s personal brand.
41.
The statements that Defendant Edwards made during the said “The Cipher” Shows were
highly offensive to a reasonable person.
42.

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Plaintiff is entitled to general and special damages for the following harm; loss of
earnings, emotional distress, and impairment of his reputation.
COUNT IV: BREACH OF CONTRACT
(Against Defendants Planet Fitness, PFE, PFIP, and Pla-Fit)
43.
Plaintiff incorporates by reference paragraphs 1-42 of this Complaint as though the same
were set forth herein in their entirety.
44.
Defendants Planet Fitness, PFE, PFIP, and Pla-Fit breached its contract with Plaintiff
when Defendant Edwards, an employee, was allowed to obtain and reveal the personal
information of Plaintiff to the public at large via social media.
45.
Plaintiff contends that Defendant Edwards’ conduct and Defendants Planet Fitness, PFE,
PFIP, and Pla-Fit knew or should have known that Defendant Edwards’ conduct was outrageous
and beyond all decency.
46.
Defendant Plaintiff breached their duties to Plaintiff by negligently maintaining the
personal information of customers, more specifically Plaintiff’s personal information.
47.
As a proximate consequence of the actions of Defendants Edwards, Planet Fitness, PFE,
PFIP, and Pla-Fit, the Plaintiff was harmed.
COUNT V: NEGLIGENCE
(Against Defendants Planet Fitness, PFE, PFIP, and Pla-Fit)
48.

Plaintiff incorporates by reference paragraphs 1-47 of this Complaint as though the same
were set forth herein in their entirety.
49.
Defendants Planet Fitness, PFE, PFIP, and Pla-Fit has a duty to protect its members from
breach of private information, particularly after being on notice that “The Cipher” Show made
false statements about relationships with Planet Fitness.

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50.
Defendants Planet Fitness, PFE, PFIP, and Pla-Fit breached that duty by continuing to
employ Defendant Edwards after coming into the knowledge of the threats, breach of
information, and misrepresentation of the Planet Fitness brand.
51.
As a direct and proximate result of Defendants Planet Fitness, PFE, PFIP, and Pla-Fit’s
breach, Plaintiff has suffered damages and is entitled to general and special damages for the
following harm; loss of earnings; emotional distress; and impairment of reputation.
COUNT VI: TORTIOUS INTERFERENCE
(Against Defendant Edwards)
52.
Plaintiff incorporates by reference paragraphs 1-51 of this Complaint as though the same
were set forth herein in their entirety.
53.
Defendant Edwards deliberate and intentional conduct by defaming, shedding false light,
negligence, etc. was an effort to interfere with Plaintiff’s business relationships. Defendant
Edwards wanted to intentionally cause Plaintiff to lose some of his church members or
parishioners.
54.
As a proximate consequence of the actions of Defendant Edwards, the Plaintiff
was harmed.
COUNT VII: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
(Against All Defendants)
55.
Plaintiff incorporates by reference paragraphs 1-54 of this Complaint as though the same
were set forth herein in their entirety.
56.

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Plaintiff contends Defendant Edwards’ conduct and Defendants Planet Fitness, PFE,
PFIP, Pla-Fit, failure to end this inappropriate conduct is outrageous and beyond all decency
especially since Plaintiff is a known Pastor.
57.
As a proximate consequence of the actions of Defendants Edwards, Planet Fitness, PFE,
PFIP, and Pla-Fit, the Plaintiff was harmed.
COUNT VIII: NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
(Against All Defendants)
58.
Plaintiff incorporates by reference paragraphs 1-57 of this Complaint as though the same
were set forth herein in their entirety.
59.
Plaintiff contends that Defendant Edwards’ conduct was outrageous and that Defendants
Planet Fitness, PFE, PFIP, and Pla-Fit knew or should have known that Defendant Edwards’
conduct was outrageous and beyond all decency and that it would cause harm to the Plaintiff.
60.
As a proximate consequence of the actions of Defendants Edwards, Planet Fitness, PFE,
PFIP, and Pla-Fit, the Plaintiff was harmed.
COUNT IX: NEGLIGENT HIRING, SUPERVISION AND RETENTION
(Against Defendants Planet Fitness, PFE, PFIP, and Pla-Fit)
61.
Defendants Planet Fitness, PFE, PFIP, Pla-Fit, and its board members, breached their
duties to Plaintiff by negligently hiring, supervising and continuously retaining Defendant
Edwards, who engaged in outrageous conduct against the Plaintiff. The defendant’s failure to
adopt and implement policies, procedures, and practices to prevent Defendant Edwards from
being hired or retained by Planet Fitness was a direct cause of Plaintiff’s injuries and violations
of Plaintiff’s rights secured under state and federal law.
62.

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As a result of the negligent hiring, supervision and retention of Defendant Edwards, the
Plaintiff has suffered and will continue to suffer harm and damages as alleged herein and
Plaintiff seeks an award of compensatory and punitive damages as prayed for below.
COUNT X: CIVIL ASSAULT
(Against Defendant Edwards)
63.
Plaintiff incorporates by reference paragraphs 1-62 of this Complaint as though the same
were set forth herein in their entirety.
64.
Defendants are liable for civil assault. Plaintiff alleges that Defendants intentionally, with
reckless disregard and/or negligently inflicted extreme emotion distress upon his minds, spirits,
and bodies by making and continuing to make harassing, defaming, and stalking posts online.
Defendants have caused the Plaintiff to suffer from emotional problems and mental anxiety.
65.
The reprehensible acts of the Defendants demonstrate grossly negligent, oppressive, and
reckless conduct.
66.
As a direct and proximate result of aforementioned Defendants’ negligent, grossly
negligent, reckless, and/or intentional acts and/or omissions, the Plaintiff sustained the damages
set forth herein and all damages that will be proved at trial hereon.
COUNT XI: PUNITIVE DAMAGES AND ATTORNEY FEES
(Against All Defendants)

67.
Plaintiff incorporates by reference paragraphs 1-66 of this Complaint as though the same
were set forth herein in their entirety.
68.
Plaintiff seeks to recover punitive damages and attorneys’ fees based on outrageous
circumstances of this case. Punitive damages are necessary to deter Defendants from engaging in

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similar acts in the future and to compensate Plaintiff for the incredibly painful ordeal that he has
had to endure and the pain he will endure in the future as a result of Defendants’ malicious
conduct. As a consequence of the foregoing misconduct of Defendants William Edwards, Planet
Fitness, PFE, PFIP, and Pla-Fit, Plaintiff sustained pain and suffering, great mental distress,
depression, insomnia, shock, economic damages, and humiliation.
69.
As a consequence of the foregoing misconduct of Defendants William Edwards and
Planet Fitness, Plaintiff has been damaged in an amount exceeding the jurisdictional
requirements of this Court.
RELIEF
(Against All Defendants)
70.
Plaintiff requests that the Court issue the following relief:
a. Award Plaintiff compensatory and punitive damages for
intentional defamation, negligence, harassment, and all alleged causes of action in
an amount to be determined by a jury of his peers.
b. Award Plaintiff attorney’s fees, costs and expenses of litigation and;
c. Award such other relief to which Plaintiff may be entitled under law.
WHEREFORE, PREMISES CONSIDERED, Plaintiff , demands
judgment against Defendants William Ervin Edwards, R & H Fitness Ridgeland, LLC d/b/a
Planet Fitness, Planet Fitness Equipment, LLC, PFIP, LLC, and Pla-Fit Franchise, LLC in an
amount exceeding the jurisdictional requirements of this Court, all together with the court costs,
including attorney’s fees, plus pre and post judgment interest, and for any other relief which this
Court deems just and proper.
RESPECTFULLY SUBMITTED this, the 11th day of October 2017.

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RODERICK RICHARDSON, Plaintiff

BY: _/s/ Carlos E. Moore_____________


Carlos Moore, Esq. (MSB# 100685)

OF COUNSEL:

TUCKER | MOORE GROUP


ATTORNEYS & COUNSELORS AT LAW
306 Branscome Drive
P. O. Box 1487
Grenada, MS 38902-1487
662-227-9940 – phone
662-227-9941 – fax
Email: carlos@tuckermoorelaw.com

CERTIFICATE OF SERVICE

I, the undersigned, do hereby certify that I have this date served via the electronic filing
system a true and correct copy of the above and foregoing to all counsel of record.

THIS, the 11th day of October, 2017.

___/s/ Carlos E. Moore__


CARLOS E. MOORE, ESQ.

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