Capitol Police officer appeals her gender discrimination case

WASHINGTON — A female Capitol Police officer who alleges she was discriminated against by the department because of her gender and endured retaliation for sharing with the media a photo of a Capitol Police officer’s unattended gun is appealing U.S. District Judge Timothy J. Kelly’s decision against her.

Lawyers for Officer Jodi Breiterman filed an appeal Thursday with the U.S. Court of Appeals for the District of Columbia Circuit arguing that Kelly’s ruling was wrong on three fronts.

They argue that: One, Kelly erred in ruling the government’s interest outweighed Breiterman’s concern for the public to know that a Capitol Police officer left an unsecured firearm in a Capitol Visitor Center bathroom. Two, Kelly should have permitted a jury to consider all 18 male Capitol Police officer comparators provided by Breiterman

who were punished less severely than her (Kelly, in his decision, only considered one of the 18 comparators provided). Three, Kelly wrongfully found that Breiterman did not have enough evidence to prove she was unlawfully discriminated against.

Kelly ruled on Sept. 4 that the Capitol Police did not engage in unlawful gender discrimination against Breiterman, a veteran officer who rose to the rank of sergeant and was recognized as officer of the year in 2011, when it suspended and demoted her from the rank of sergeant.

Kelly, who was appointed by President Donald Trump in 2017, granted the Capitol Police summary judgment, meaning Breiterman lost the case before even reaching a jury trial. Further, the federal judge granted summary judgment to the Capitol Police on two retaliation claims: one under the First Amendment and one under the Congressional Accountability Act.