Via Email and USPS Certified Mail Return Receipt Requested
TO: Marc Bergin, Chief of Staff; John Clark, Director of Safety; LCPS School Board
CC: Loudoun County Sheriff’s Office; Leesburg Police, et al.
DATE: May 6, 2026
RE: SUPPLEMENTAL CERTIFICATION OF COORDINATED RETALIATION AND WITNESS INTIMIDATION (May 4, 2026 Event)
I. THE 175-MINUTE RETALIATION WINDOW
Take formal notice of the following forensic sequence documented on May 4, 2026, which establishes a prima facie case of Unlawful Information Exchange and Administrative Collusion:
- 07:05 AM: Complainant served LCPS Leadership with a formal Master Forensic Complaint documenting Federal Crimes (18 U.S.C. § 1341 & § 1512) and naming government vendor QlikTech, Inc. and private attorney Lindsay Mohler as co-conspirators.
- 10:00 AM: Within exactly 175 minutes, the other parent—represented by the aforementioned Lindsay Mohler (Troxell Leigh P.C.)—issued a targeted legal threat stating she would "direct my counsel to file a rule of show cause against you." Forensic Analysis of the "10:00 AM Strike": The temporal proximity of this threat is forensically impossible without a direct "tip-off" from LCPS administration to private counsel. By signaling to Lindsay Mohler that a formal criminal and civil rights complaint had been filed, LCPS officials effectively triggered a secondary front of family court harassment to serve as a "counter-strike." This coordination intended to compel the complainant to withdraw his protected HRTD and OCR complaints constitutes Witness Intimidation (18 U.S.C. § 1512) and Conspiracy Against Rights (18 U.S.C. § 241).
II. CONTINUING STATE-ACTOR NEXUS & LACK OF SAFE HARBOR
The District’s continued utilization of Lindsay Mohler as an unofficial enforcement arm confirms the State-Actor Nexus previously identified in this record. By "renting" the litigation power of a private firm to execute a "starve-out" strategy against a whistleblower, LCPS has moved beyond administrative overreach into Deprivation of Rights Under Color of Law (18 U.S.C. § 242).
The threat of a "Rule to Show Cause" issued while the complainant was under the explicit protection of Federal Safe Harbor and Anti-SLAPP provisions is a toxic, unlawful act of retaliation that LCPS leadership has now ratified through its coordination.
III. DEMAND FOR DISCLOSURE & PRESERVATION
I hereby demand the immediate disclosure of all communications—including but not limited to emails, SMS/text messages, and phone logs—between Marc Bergin, John Clark, or Nick Cottone and Lindsay Mohler/Troxell Leigh P.C. occurring between 07:00 and 11:00 on May 4, 2026.
Be advised that any deletion of these records following the 07:05 AM filing will be treated as a willful act of Spoliation of Evidence in a federal matter. Failure to produce these records or provide a credible, non-retaliatory explanation for the 175-minute window will be treated as an admission of Conspiratorial Coordination.
I hereby demand the immediate disclosure of all communications between Marc Bergin, John Clark, or Nick Cottone and Lindsay Mohler occurring between 07:00 and 11:00 on May 4, 2026. Failure to produce these records will be treated as an admission of conspiratorial coordination. You have 48 hours to confirm rescission of the NTO.
IV. FINAL NOTICE OF PERSONAL LIABILITY
TO ALL RECIPIENTS: Every official involved in the "May 4 Tip-Off" is hereby placed on notice that they have stepped outside the scope of their official duties to facilitate private legal harassment. Under 42 U.S.C. § 1983, you are NOT entitled to qualified immunity for the intentional coordination of witness intimidation.
V. ANTI-SLAPP PROTECTION & SAFE HARBOR DECLARATION
This communication and all prior filings constitute a "Petition for Redress of Grievances" protected under the First Amendment of the U.S. Constitution and the Constitution of Virginia.
- Virginia Anti-SLAPP (Va. Code § 8.01-223.2): Any attempt by LCPS, Lindsay Mohler, or Troxell Leigh P.C. to utilize the "Rule to Show Cause" threat as a basis for legal retaliation is a violation of Virginia’s Anti-SLAPP statute. Statements made regarding the misconduct of LCPS and QlikTech are matters of public concern and are subject to statutory immunity.
- Whistleblower Safe Harbor: Pursuant to Section 504 of the Rehabilitation Act and VA Code § 2.2-3011, any further adverse actions—including coordinated domestic litigation—will be treated as willful acts of witness intimidation.
VI. MANDATORY REMEDIES & ADMINISTRATIVE DEMANDS
- Immediate Termination Proceedings: For Nick Cottone and John Clark.
- Immediate Administrative Suspension: For Marc Bergin and Rae Mitchell.
- Unconditional Rescission of NTO: A formal retracted notice stating the NTO was issued without a factual or legal basis.
- Remediation of FOIA Larceny: Immediate electronic release of the 944 records (R002510).
- Financial Restitution: Notice of claim for $2,148,000.00 and continuing.
Steve Rubis
Joint Legal Custodian
214-681-7991
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