Town Successfully Defends Against Claims Brought by Police Officer
Dan Hartzog, Jr. successfully defended a Town against claims brought by a former police chief who alleged he was terminated in retaliation for accusing the newly named chief of illegal activity. The Town told plaintiff that they simply wanted to go in a new direction. However, in the F5 report of separation, the new police chief indicated that the plaintiff was terminated for misconduct. Defendants obtained dismissal on the grounds that Plaintiff’s speech about the new chief was not protected, as it was made in his capacity as police chief. After offering plaintiff a name-clearing hearing, defendants were able to resolve the remaining liberty interest claim with a non-monetary settlement.