citizens push for Ouster Lawsuit
BENTON COUNTY – 18 months ago the Patriot Punk Network was the first to bring you the story of accusations made against a Benton County Elementary Teacher and County Commissioner, Stephen Stokes.
In December of 2023 a young man by the name of Nicholas Horton confronted Stokes publicly in a Walmart in Benton County about abuse Horton had experienced as a child. Shortly after, protests and demands for Stokes’ resignation erupted.
Finally, on June 3, 2025, nearly 18 months after the initial uprising, Stephen Stokes was taken into custody by the Benton County Sheriff’s Department. He was indicted on a charge of Sexual Battery of a Minor. This charge is often used when the act was perpetuated by an authority figure. The charges are not related to the accusations made by Mr. Horton in 2023. It is likely the statute of limitations on Horton’s case would have expired.
Stokes is currently on unpaid leave from his position as an elementary school teacher with Benton County Schools, but he has retained his position on the County Commission.
Though he is still an active elected County Commissioner, Stokes has not attended a public meeting since December of 2023, more than half of the meetings since his term began. There have been numerous calls for his resignation, but they have fallen on deaf ears.
Unless Stokes voluntarily resigns, he is likely to remain on the Commission until his term is up in 2026. This is leaving the citizens of District 1 with less representation than they are entitled. However, there may be one more option.
Article 7 Section 1 of the Tennessee Constitution allows for the removal of county officers due to malfeasance or neglect of duty. TCA 8-47-101 et seq. outlines the process.
Grounds for an Ouster Lawsuit include:
1. Willful misconduct or neglect of duties
2. Voluntary intoxication in public
3. Illegal Gambling
4. Violating a penal statute involving moral turpitude
Of these, there are at least two possible avenues that may result in a successful ouster. The first avenue would be the more obvious-being indicted for “Sexual Battery of a Minor” is a strong indication that Commissioner Stokes violated a penal statute involving moral turpitude. Absent a conviction on the charge, this route could prove challenging.
The other avenue would be to file the ouster for Stokes’ neglect of duties as a commissioner due to his persistent absences from meetings. A County Commissioner has very few duties, but failing to attend public meetings would likely fit the criteria for neglect of duty.
The County Attorney, District Attorney, or county citizens can file the ouster lawsuit. If pursued by citizens, it is recommended that they consult an attorney, as the legal process is complicated. In order to file an ouster, 10 citizens must sign onto the suit and file it with the local Chancery Court. Ouster suits are expedited through the system, so collect all facts and witnesses prior to filing.
After filing the suit, the next step is serving process. Once served with an ouster lawsuit, the public official would have at least 10 days to file a response. If found guilty, they would be ousted from office and be liable for court costs. If found not-guilty, petitioners would be responsible for the costs.
Ouster lawsuits are a drastic form of action and require strong proof. Because of this, ouster suits are rare-but they are filed. In 2024, an ouster was filed against Athens, TN council member Pelley.
If you would like to learn more about the ouster efforts please reach out to the concerned citizens working to organize it via email at BentonCountyInfo2025@gmail.com
If you or someone you know was a victim of abuse, please reach out to Benton County Sheriff’s Office to discuss your options.
All parties are considered innocent until proven guilty in the court of law.
We attempted to reach Mr. Stokes for comment, but our requests went unanswered.
6:52pm 7/3/2025 – Updated to reflect correct email address.
