Ex-officer targets San Luis for possible lawsuit
SAN LUIS, Ariz. — This city could face a lawsuit by a former San Luis police officer who alleges he was forced out of his job for being a whistleblower.
Former San Luis Police Lt. Victor Figueroa has filed a notice of complaint with the city, claiming he was the victim of retaliation after he sought an investigation into alleged mismanagement of the department and alleged abuse of authority by acting Chief Richard Jessup.
Submitted last month through Figueroa’s attorney, Martin A. Bihn, the notice says he will sue unless the city settles the complaint with a $500,000 payment to the former police officer.
Figueroa’s allegations against Jessup stem from an incident last summer in which a San Luis woman allegedly assaulted another person. Jessup ordered police officers who had arrested the woman to cite and release her pending her court appearance, rather than jail her.
In November, Figueroa sent a letter to the Yuma County’s Attorney’s Office asking that it investigate Jessup’s action, although no investigation took place.
Figueroa also filed a written complaint with the city about Jessup’s decision to cite and release the woman, as well as about other decisions of the acting chief that Figueroa considered irregular.
Figueroa alleges in the notice of complaint that the city retaliated by requesting that the Arizona Department of Public Safety and Yuma Police Department investigate him for possible criminal conduct.
He also alleges that retaliation against him continued even after he resigned, with the city seeking an investigation of Figueroa by the Arizona Peace Officer Standards and Training Board, the state agency that certifies law enforcement officers.
Figueroa alleges the city has harmed his reputation, cost him his job in the police department and has caused him emotional stress and anxiety.
The former lieutenant declined to comment beyond the allegations made in the notice of complaint.
If the city chooses not to settle, the notice says, the city of San Luis, City Administrator Tadeo De La Hoya and Jessup will be named as defendants in a lawsuit alleging they violated state and federal laws that protect whistleblowers.
De La Hoya said Figueroa’s prior complaint to city officials about Jessup were taken into account. Any actions taken by the city in response was based on the advice of the city’s attorney, he added.
Jessup declined to comment.
City Attorney Kay Macuil said Figueroa’s notice complaint has been referred to the city’s risk pool.
“The (notice of) complaint is the stage of review,” she said. “It’s too soon for the risk pool to have a recommendation to the city about what course of action to take.”