Seymour cop files lawsuit alleging unfair treatment

SEYMOUR — A Seymour cop has filed a lawsuit saying he’s being unfairly threatened with demotion and prevented from taking a promotion exam.

In the lawsuit, the officer, Phoumareth Phouangphiarith, says he has been a sergeant for more than two years, beginning in October 2019, when he was promoted in an acting capacity when another sergeant went on leave, according to the lawsuit.

He says the town is now requiring him to take written tests he has previously passed to be in the position, and that the town informed him “that his position had always been temporary, despite that the Plaintiff held the position for nearly three years by said date, after having been tested and found qualified,” according to the court filing.

Lawyers involved in the case did not respond to messages seeking comment Monday.

The town has not filed a formal response in court to the allegations in the lawsuit, which was filed May 6.

Lawyers representing the town’s police union have filed a motion to join the case on the basis Phouangphiarith’s claims “may be adverse” to the union.

Last month a judge signed a temporary order requiring the town to “cease and desist any and all efforts to terminate or alter the Plaintiff ’s position, pay, and rank.”

A hearing in the case is scheduled for July 26.

In the lawsuit Phouangphiarith says he was not given sufficient time to prepare for the exam, and asked for an injunction.

“For all other members of the police department in the Town of Seymour, the promotional exam for the rank of sergeant and/ or detective is an option, not a mandate, with respect to any of the Defendant’s officers from losing their current rank and pay grade for failing to take the exam,” the lawsuit says. “The Plaintiff is the only sergeant in the Defendant’s employ that is being required to re-take his promotional exam.”

He also said the town has prevented him from taking the test for the position of commander, and is squeezing him out of his current rank.

“Upon information and belief, even if the Plaintiff earns top marks on the written exam for sergeant, the Defendant intends to select another candidate for the job he has held for three years,” the lawsuit says.

The lawsuit seeks more than $15,000 in damages, “relief pursuant to the application for injunction,” and “any and all legal or equitable relief available.”