East Bay Times

Cop claims he was fired for attending rally

In a break of the so-called blue wall of silence, ex-police officer was turned in by one of his own

- By Rachel Heimann Mercader rmercader@bayareanew­sgroup.com

A former Pleasanton police officer claims he was fired for reasons tied to his attending a “Stop the Steal” rally in Sacramento on the same day of the Jan. 6, 2021, insurrecti­on at the U.S. Capitol, according to a lawsuit filed in federal court.

Peter McNeff, a five-year veteran of the police force, filed the lawsuit in federal court last month against the city of Pleasanton, Chief David Swing and other officials, alleging he was retaliated against for expressing his “political views.”

In a break of the so-called blue wall of silence, he was turned in by a fellow police officer who saw his social media posts of McNeff and his wife attending the Sacramento rally. At the time, he was using his personal Facebook page under a pseudonym, “Jonathan P,” court records show.

McNeff was fired more than a year after the fact for reasons that remain unclear, but McNeff claims it ultimately ties back to his presence at the rally, according to the lawsuit.

“My client lawfully attended a protected political rally and was retaliated against as a result,” McNeff's Orange County-based attorney, Karren Kenney, wrote in an email. “The lawsuit explains that any reason the department/ city had for terminatin­g his employment was pretext since all of their actions stem from their displeasur­e with my client's attendance at a lawful, protected political rally.”

This news organizati­on's request for records related to McNeff's terminatio­n were denied by the city.

Kenney said that she could not share his file or the investigat­ion file either “because it contains informatio­n involving other people and would have to be so heavily redacted in order to comply with privacy issues, that we are not sharing it at this point.”

The city of Pleasanton said it could not comment on pending litigation.

According to the lawsuit, after one of McNeff's fellow officers showed a superior the Facebook post, “widespread discussion within the department” began, with some of his co-workers referring to him as a “moron,” as his actions “were widely criticized and ridiculed.”

The day after the rally an unnamed police sergeant sent a memo to Chief Swing that “concluded” McNeff attended “an event organized by a group known for their propensity to discuss extreme violence,” such as the Proud Boys and the Three Percenters, both who “promote racist and violent political ideologies,” the lawsuit claims. The memo went on to say that the same event attended by McNeff was organized by the same group responsibl­e for the insurrecti­on at the U.S. Capitol.

McNeff's lawsuit claims that these conclusion­s were not supported by any real evidence, and therefore an attack on his “protected right to political speech and expression.”

“If asked Mr. McNeff

would and could explain his protected political views that he believed there were errors in the 2020 election that needed a thorough investigat­ion,” the lawsuit says. “Mr. McNeff never indicated and never would indicate he had any support for or associatio­n with any radical or extremist group.”

He was fired following an investigat­ion of his Facebook

account, which allegedly concerned his posts regarding Black Lives Matter, Muslim extremism, the state of Israel, and California's rigorous COVID-19 guidelines, the lawsuit says.

The Jan. 6 rally in Sacramento followed weeks of similar demonstrat­ions at the Capitol following the conclusion of the November 2020 presidenti­al election.

In December 2020, the Sacramento Police Department issued a press release and the police chief posted a video begging for people to stop attending and explaining that civilians and officers were getting hurt.

According to CapRadio, hundreds attended the proDonald Trump rally in Sacramento on Jan. 6, some wearing red “MAGA” hats

and others affiliated with the Proud Boys, the Three Percenters and a campaign to recall Gov. Gavin Newsom. Protesters listened to an amplified feed of President Trump's morning speech. Eleven people were arrested and the crowd dispersed by 2 p.m.

McNeff claims he has “suffered numerous adverse employment actions,

including, but not limited to, administra­tive leave and revocation of police officer status, public shaming, disgrace and humiliatio­n, being subjected to investigat­ion, terminatio­n of employment, and ineligibil­ity for rehire.”

He is demanding a jury trial and wants to be compensate­d for economic and non-economic damages.

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