Deputy was fired for complaining about internal investigation, lawsuit alleges
A Washtenaw County sheriff’s deputy alleges in a federal lawsuit that he was fired in retaliation for complaining about being subjected to an improper internal investigation.
Former deputy Eric Kuhn is suing Washtenaw County and sheriff’s Lt. James Anuszkiewicz, seeking an unspecified amount of money.
The suit, filed Thursday, alleges a violation of the Michigan Whistleblower Protection Act and racial discrimination.
Curtis Hedger, the county’s corporation counsel, declined to comment Friday, saying he hasn’t seen the suit. Kuhn’s attorney, Richard Convertino, couldn't be reached for comment.
According to the suit, Anuszkiewicz, who is white, persisted with an investigation into Kuhn for “unprofessional conduct” in “whole or in part” because Kuhn is black.
The internal probe stemmed from an Oct. 20, 2008, traffic stop when Kuhn arrested a woman after she attempted to flee from deputies, the suit says.
As she sat in the back of Kuhn’s patrol vehicle, she told him if he didn’t loosen the handcuffs, she “would claim that he raped her,” the suit says. She said something to the effect of, “You are black and I am white; who do you think they will believe?” the suit says.
Kuhn says in the lawsuit that he told her anything said was being recorded and turned the in-car video camera toward her. When Kuhn arrived at the Washtenaw County Jail with her, she claimed she was sexually assaulted.
A rape kit was sent for DNA analysis, and Kuhn was cleared, the lawsuit says.
The woman, 50-year-old Marianne Joseph of Ypsilanti, pleaded guilty on April 15, 2009, to filing a false police report and admitted she “fabricated the story,” according to the lawsuit.
Court records show Joseph was sentenced on June 17, 2009, to two years of probation by Washtenaw County Circuit Judge Archie Brown.
According to the suit, Kuhn was told a formal internal investigation wouldn't be conducted because Sgt. Marlene Radzik had already reviewed in-car videos and other evidence and “deemed the complaint to be false."
The suit alleges Anuszkiewicz persisted with an internal investigation and disregarded an order by former Commander Marilyn Hall Beard, a higher-ranking black employee.
On Nov. 13, 2009, Kuhn learned from the sheriff’s department a formal complaint he filed was “substantiated” and misconduct was committed during the internal investigation, the suit says.
In addition to filing a formal complaint, Kuhn says in the lawsuit that he complained to Sheriff Jerry Clayton and the county Board of Commissioners.
Kuhn took medical leave in May 2009 due to “severe emotional stress” brought on as a result of the internal investigation, the suit says. He alleges he suffered problems including headaches, insomnia and post-traumatic stress disorder.
When his formal complaint was resolved, he was granted an extension of his “unpaid leave of absence,” until Jan. 3, and was told it wouldn't likely be extended further, the suit says.
Upon requesting another three months of leave, he was informed by e-mail on Dec. 30 that his employment would end Jan. 4.
By being fired, Kuhn was treated differently than other deputies because he was a whistleblower, the suit alleges.
Lee Higgins covers crime and courts for AnnArbor.com. He can be reached at (734) 623-2527 and leehiggins@annarbor.com.
Comments
15crown00
Mon, Mar 29, 2010 : 12:48 a.m.
the woman is an idiot and the Lt. is an absolute joke.And so the county will have to pay for it.
Mick52
Sun, Mar 28, 2010 : 2:10 p.m.
I hate to say or even imply that the WCSD is running amok but I read this and it does not inform as much as it raises questions. Perhaps AA.com is running amok. Per the story, a suspect makes a false accusation, which is quickly found to be false: "The woman, 50-year-old Marianne Joseph of Ypsilanti, pleaded guilty on April 15, 2009, to filing a false police report..." Then: "According to the suit, Kuhn was told a formal internal investigation wouldn't be conducted because Sgt. Marlene Radzik had already reviewed in-car videos and other evidence and deemed the complaint to be false." Ok no problem so far, but then: The suit alleges Anuszkiewicz persisted with an internal investigation and disregarded an order by former Commander Marilyn Hall Beard, a higher-ranking black employee. Why did Anuszkiewicz continue with an IA? When? These facts should be in this story, because after both Radzik and Beard said no, it appears Anuszkiewicz continued with an IA disregarding an order from Beard not to do so. At WCSD can one conduct an internal investigation despite being ordered not to? Is this info being denied by WCSD as not true? The story also notes that: On Nov. 13, 2009, Kuhn learned from the sheriffs department a formal complaint he filed was substantiated and misconduct was committed during the internal investigation, the suit says. So Kuhn filed a complaint about an IA that was not supposed to happen? Was this internal investigation allowed to continue despite Beard's orders? When was Kuhn's complaint filed and what did it allege? It appears there should have been no reason for his complaint, the IA should not have gone forward, but if it did, why? And if there was misconduct in the IA, who and what? Maybe I am missing something or maybe everything Kuhn is alleging is simply not true, but this sure does not make much sense.
Fat Bill
Sun, Mar 28, 2010 : 1:15 p.m.
Unless there is more we are not privy to, it appears Kuhn was being terminated for not showing up to work. He should have put his uniform on and reported for duty; he didn't give the brass the opportunity to mistreat him after his complaint had been adjudicated. Maybe this is an attempt to squeeze a settlement out of the County, maybe some sort of long-term disability thing. In any case, cops and other public officials know that they are subject to scrutiny, that's the way it is...
jcj
Sat, Mar 27, 2010 : 8:48 p.m.
Anonymous Due to Bigotry OK I'll give you that. Both acts are despicable.
Anonymous Due to Bigotry
Sat, Mar 27, 2010 : 4:16 p.m.
@jcj: I say "worse" because not only are they victimizing a man, but they're victimizing women in general by creating more skepticism toward rape accusations.
jcj
Sat, Mar 27, 2010 : 4:12 p.m.
I am not quite sure how much of if any of the time off was paid. But either way he was granted about 8 months of leave. And wanted more. How long was the county supposed to give him to get his act together? I am sure this was a stressful ordeal. But we need to have officers on patrol that are not so emotionally fragile! This Statement is off the wall! "Women who lie about rape are just as bad, if not worse, as the men who actually commit rape." Just as bad yes, worse that's a stretch.
voiceofreason
Sat, Mar 27, 2010 : 1:28 p.m.
There seems to be a hole in this story somewhere. It is difficult for me to believe that mere investigation for a crime Officer Kuhn obviously didn't commit caused so much emotional distress. I absolutely respect the decision by Mr. Kuhn to be a whistleblower, but someone who has a duty to serve and protect the people can't be so sensitive to adversity.
Macabre Sunset
Sat, Mar 27, 2010 : 1:27 p.m.
I could sympathize with Kuhn if not for the semi-permanent paid leave. Given the budget cuts everywhere, losing a paid officer in this manner has a huge impact on the community.
FifT7
Sat, Mar 27, 2010 : 12:06 p.m.
If I read this right, the deputy had been on a self-requested leave of absence (LOA) from May thru December 2009 (i.e. off 7 months), and then requested another 3 months off through March 2010. And, all this time it was an "unpaid" LOA? Why doesn't he want to come back to a paying job? Did I miss the story on how the economy has recovered and jobs are abundant and people are now rolling in the dough?
Anonymous Due to Bigotry
Sat, Mar 27, 2010 : 11:14 a.m.
An example of why women sometimes lie about being raped. Sounds like this particular woman saw how successful these sorts of lies can be based on the Duke Lacrosse rape scandal. Women who lie about rape are just as bad, if not worse, as the men who actually commit rape. Maybe one day we'll get to the point where men accused of rape aren't convicted by the public without a trial.
thurber
Sat, Mar 27, 2010 : 10:47 a.m.
Whistleblowers are needed, especially today, and we want to protect whistleblowers for our benefit.