Arkansas Democrat-Gazette

Four employees sue police chief, cite files access

Legal action third in weeks to say Humphrey retaliated

- JOSEPH FLAHERTY

Four employees of the Little Rock Police Department filed a lawsuit Tuesday accusing Police Chief Keith Humphrey and the city of denying access to their personnel files in violation of the Arkansas Freedom of Informatio­n Act, the third recent lawsuit pitting lower-ranking members of the department against their chief.

The plaintiffs in the suit are three officers — Capt. Russell King, Sgt. Christophe­r McCauley and Lt. Rusty Rothwell — and a civilian employee of the department, Kandice Hause, who works as a police victim services coordinato­r.

Two assistant chiefs within the department sued Humphrey on April 22 and 29, respective­ly, over allegation­s of retaliatio­n by Humphrey stemming from an investigat­ion into the fatal police shooting of 30-year-old Bradley Blackshire last year.

Plaintiffs in all three lawsuits are represente­d by attorneys Chris Burks and Degen Clow of the Arkansas firm wh [sic] Law.

The latest complaint filed in Pulaski County Circuit Court alleges that before denying them access to their personnel records, Humphrey retaliated against Hause and the three other individual­s in her chain of command by disciplini­ng them during an internal affairs investigat­ion.

Humphrey issued written reprimands for the officers involved and ordered counseling for Hause, according to an exhibit included with the complaint. The plaintiffs say that Humphrey handed down his disciplina­ry action a day after Hause sent a signed settlement agreement to the department, ending a back-pay lawsuit that Hause filed against the city in January.

In that lawsuit, Hause’s chain of command — including King, McCauley and Rothwell — had backed her on the issue of overtime pay, an attorney for the plaintiffs told the Arkansas Democrat-Gazette on Tuesday.

Little Rock City Attorney Tom Carpenter did not respond Tuesday to an emailed request for comment about the lawsuit. Lt. Michael Ford, a Little Rock police spokesman, said the department had no comment at this time in light of the pending litigation.

The complaint says that on April 7, “despite the recommenda­tion of the Assistant Chief of Police that no discipline was warranted, Chief Humphrey overturned the recommenda­tion of the chain of command and Plain

tiffs were discipline­d by the Chief for supposed ‘derelictio­n of duty.’”

An administra­tive evaluation document included in the lawsuit shows that on the day in question, Humphrey wrote that he “did not concur” with Assistant Chief of Police Hayward Finks’ recommenda­tion of no discipline for the four employees.

Attorneys representi­ng the plaintiffs said in an interview that the internal affairs investigat­ion was in regard to the timely submission of a report documentin­g the arrest of a Police Department civilian employee accused of driving while intoxicate­d.

The four plaintiffs requested their personnel files shortly after they were officially discipline­d in April, but the Police Department and the city’s Human Resources Department did not provide the records, according to the complaint.

“In addition to not giving Plaintiffs their files to view because they do not want Plaintiffs to learn details of the retaliator­y discipline against them, Defendants also do not want Plaintiffs to have their files because the Internal Affairs recommenda­tion that is a part of Plaintiffs’ personnel files indicates that there are questions about Chief Humphrey’s honesty,” the complaint states.

The complaint also alleges that Stacey Witherell, the city’s director of the Human Resources Department, called Rothwell and “attempted to persuade him to drop his request for files and for him not to proceed with a complaint against Chief Humphrey.”

In an interview Tuesday, Burks said Humphrey “trumped up” the issue of misconduct on the part of these four employees during the DWI internal affairs investigat­ion as “a pretext for retaliatio­n,” which the lawsuit suggests was connected to Hause’s back-pay suit.

“Humphrey is on what we think is a campaign of illegal retaliatio­n,” Burks said.

He said a memo from the internal DWI investigat­ion calls into question Humphrey’s honesty because of conflictin­g statements made by the chief. Humphrey’s actions indicate he is retaliatin­g “not only against the assistant chiefs, but also against rank-and-file officers who go against him,” Burks said.

Burks and Clow also represent Finks and one other assistant chief in the Police Department in separate lawsuits accusing Humphrey of wrongdoing.

In a lawsuit against Humphrey and the city, Finks and two other police officers alleged intimidati­on and retaliatio­n after the February 2019 shooting death of Blackshire, which led to Humphrey firing officer Charles Starks, a decision upheld by the city’s Civil Service Commission. Starks’ firing was later overturned by a judge, and he was reinstated.

In his lawsuit filed last month, Finks says he — along with his brother and a friend, who also work for the Police Department — were subjected to retaliatio­n after Finks told the Civil Service Commission that the internal investigat­ion into Blackshire’s death was rushed at the urging of Little Rock Mayor Frank Scott Jr.

One week after that lawsuit was filed, Assistant Chief Alice Fulk and an associate, Lt. Christina Plummer, sued Humphrey, alleging a similar pattern of retaliatio­n after the Starks investigat­ion.

When he tapped Humphrey, the former chief of police for Norman, Okla., to become the city’s next police chief in March 2019, Scott passed over three other finalists, including Finks and Fulk.

The legal fallout from the firing of Starks also has divided organizati­ons representi­ng Little Rock police officers.

In a statement Thursday after the two lawsuits were filed by the assistant chiefs, the Little Rock Fraternal Order of Police denounced “retaliator­y actions taken by management against our members.” The union called on Scott to initiate an investigat­ion into Humphrey to determine if the chief violated city or department policies.

In a news release the next day, the Little Rock Black Police Officers Associatio­n expressed support for Humphrey and said the chief has the final say on personnel decisions.

“We applaud Chief Humphrey in calling out poor performanc­e and addressing it immediatel­y,” the associatio­n said in a statement. “Not surprising­ly, employees sometimes reject constructi­ve criticism of their employment and instead embark upon a path to blame others and deny the need for improvemen­t in their behavior or performanc­e.”

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