Detroit Cops Successful on First Amendment Retaliation Claim

Although the Pickering framework has become increasingly difficult for plaintiffs to succeed under in a post-Garcetti world, there have been successes.  Take for instance this case concerning two formers cops in Detroit and the Mayor of Detroit:

Two former police officers were awarded more than $6.5 million on Tuesday by a jury that agreed with the officers’ argument that they were discharged in retaliation for investigating misconduct by the mayor and his security detail.

Mayor Kwame M. Kilpatrick said the debt-ridden city would appeal the unanimous verdict, which the 11-member Wayne County Circuit Court jury reached after three hours of deliberation.

The verdict followed weeks of testimony on misdeeds by Mr. Kilpatrick and his bodyguards, including the guards’ helping him have affairs with his chief of staff and other women.

“I’m absolutely blown away at this decision and I know Detroiters are, too,” said Mr. Kilpatrick, who denied under oath that he had cheated on his wife . . . .

While working as a bodyguard for the mayor in 2003, one of the former officers, Harold Nelthrope, complained that other bodyguards had helped Mr. Kilpatrick’s trysts, covered up drunken driving accidents and falsified overtime records.

After City Hall released a confidential memorandum identifying him as the source of accusations, Mr. Nelthrope sued under the Michigan Whistle-Blowers Protection Act and was awarded $2.9 million plus interest.

The other plaintiff, Gary Brown, who as deputy police chief and head of internal affairs had begun looking into Mr. Nelthrope’s statements when Mr. Kilpatrick ousted him in May 2003, is to get $3.6 million plus interest.

This is the way the law is supposed to work! It will be interesting to see if any significant issues emerge on appeal.

Hat Tip:  Elaine Mittleman and Holly Williams

PS