The Atlanta Journal-Constitution

City: Ex-lieutenant asked for nude photos from cops

Lawsuit follows release of police investigat­ion.

- By J.D. Capelouto jdcapelout­o@ajc.com

A former Dunwoody offi- cer filed a lawsuit against leaders of the city and police department Tuesday, days after an internal investiga- tion ruled there was truth to allegation­s that a former lieutenant asked for nude photograph­s from at least three employees.

The investigat­ion into Fidel Espinoza followed complaints of sexual harass- ment and retaliatio­n from the former police officer and a current prisoner trans- port officer, who was not named as a plaintiff in the lawsuit. Espinoza resigned from the department May 11 after attorney Laura Austin sent a formal notice to the city and police department about the allegation­s, prompting the internal investigat­ion. Austin’s April 29 letter to the city demanded a total of $1 million in damages.

Released publicly on Thursday, the 146-page investigat­ive report details dozens of accusation­s made against Espinoza and other super- visors.

Austin’s clients described a toxic environmen­t in which they felt they would be penalized if they spoke out about the alleged harassment. Though she only filed a lawsuit on behalf of one former employee, Austin said other clients may be part of future litigation.

The internal investigat­ion, conducted by police Chief Billy Grogan, found that Espi- noza asked male officers for nude photos and sent them his own nude pictures, but it found no evidence they were explicitly tied to “any expectatio­n of preferenti­al treatment.”

The officer involved in the lawsuit also sent explicit pho- tos to Espinoza, the investi- gation states.

Austin’s letter said the offi- cer “felt compelled to play along with” the sexual inter- action, and he believed it was tied to favorable reports and extra jobs.

Austin told The Atlanta

Journal-Constituti­on she has evidence that Espinoza was involved in a “quid pro quo” with the employees.

Grogan’s investigat­ion determined that several allegation­s of retaliatio­n and targeted discipline against the employees were “unfounded.” It states the former officer involved in the lawsuit had several disciplina­ry issues.

“The report speaks for itself,” Dunwoody Mayor Lynn Deutsch said in a statement after the report was released. “I encourage everyone to read the report carefully and include all attachment­s.”

Grogan issued a similar statement Thursday; a spokesman for the police department said that because the investigat­ion “involves personnel issues, as well as potential litigation, there will be no further comments regarding this matter at this time.”

Espinoza could not be reached for comment Monday.

The lawsuit filed Tuesday names Espinoza, Grogan, Deutsch, and several other members of the city and police staff as defendants. It asks for a jury trial and $500,000 in damages.

Records show the police department received a complaint from another officer — who is not part of the lawsuit — about the former lieutenant in 2016; the complaint included an allegation that Espinoza made a sexually explicit remark to him. No formal disciplina­ry action was taken at the time.

Austin’s clients both said they had previously complained verbally about Espi- noza, though Grogan said police supervisor­s and Dunwoody’s human resources manager had not received any sexual harassment complaints from either of them until this March.

Following the recent investigat­ion, Grogan wrote, there is “no doubt that Espinoza exchanged sexually explicit text messages and (Snap- chats) with at least three employees.”

The investigat­ion includes screenshot­s of texts and censored versions of the nude photograph­s.

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