Officer's suit alleges retaliation, drug coverup
Billings Gazette, By Greg Tuttle, The Gazette Staff, Wednesday, March 29, 2006.
Billings, Montana
A Billings police officer alleges in a lawsuit that his bosses retaliated against him when he reported that fellow officers had taken illegal drugs from the department and had given them to a civilian. One command officer is alleged to have warned the officer to "just keep this between us," according to the lawsuit.
Officer Steven Feuerstein filed the lawsuit Tuesday in Yellowstone County District Court. The lawsuit names as defendants the city of Billings, the Billings Police Department, former police chiefs Ron Tussing and Jerry Archer, interim Police Chief Rich St. John, Capt. Dave Hinkel and Officer Dave Cardillo.
The lawsuit seeks unspecified monetary damages and lists six causes of action, including state and federal constitutional civil rights violations, workplace safety violations, negligent supervision and malice. It also seeks a court-ordered injunction preventing the Police Department from any further alleged acts of retaliation.
"We obviously will respond and defend the city and the defendants," interim City Administrator Tina Volek said Wednesday. The lawsuit is the latest in a serious of legal claims made against the Billings Police Department.
Three female officers have filed discrimination complaints with the state Human Rights Bureau. A state investigator recently dismissed a majority of the officers' claims, but found there was evidence to support one claim of discrimination. Two of the female officers last month filed new state claims alleging ongoing discrimination and retaliation. The cases are pending before the Human Rights Bureau.
Feuerstein is a patrol officer with 14 years of experience at the Billings Police Department. He is represented by Great Falls attorney Elizabeth Best, who could not be reached for comment Wednesday. Feuerstein states in the lawsuit that in February 2002 he reported to his immediate supervisor, then-Lt. Dave Hinkel, that two fellow officers had removed illegal drugs and given them to a civilian, who is not identified in the document. The lawsuit states the two officers, who also are not named in the suit, were involved sexually with the civilian.
When told of his concerns, Feuerstein alleges in the lawsuit, Hinkel responded by saying: "Let's just keep this between us." Hinkel, now a captain in charge of the department's detective division, could not be reached for comment Wednesday. St. John declined to comment.
The next month, Feuerstein states, he met with Tussing and a consultant who was reviewing the department's ethics policies at the consultant's hotel room. During the meeting, Feuerstein states, he told Tussing about the missing drugs and Hinkel's response. "Tussing took no action in response, instead simply passing the information reported by (Feuerstein) to then Deputy Chief Archer," the lawsuit states. "Archer did not take any action or investigate."
Tussing, who resigned as police chief last year and was subsequently elected mayor, could not be reached for comment Wednesday. Archer, who is now retired, declined to comment. The lawsuit states Feuerstein then reported the allegations of missing drugs to a federal Drug Enforcement Agency agent in June 2002.
In 2004 and 2005, Feuerstein repeated the allegation to then-City Administrator Kristoff Bauer, Assistant City Administrator Tina Volek and Deputy City Attorney Bonnie Sutherland, according to the lawsuit. "He further reported to them that money had been illegally removed from the Police Department evidence room and deposited in what he believed was a Police Foundation fund set up by Tussing," the lawsuit states. "He also reported that this misconduct had resulted in failed prosecutions because of missing and mishandled evidence."
Feuerstein also took his complaints to both the FBI and the police officer's union representative, Officer Dave Cardillo, the lawsuit states. Cardillo "conspired with the other individual defendants to deny him the opportunity to grieve or a fair hearing." Cardillo is on active military service and was unavailable for comment.
Feuerstein alleges that he has been retaliated against, harassed and demoted as a result of his efforts to report the mishandled drugs. At one time, Tussing and Archer "detained" him and "verbally accused and attacked him," according to the lawsuit. "Defendants have provided or permitted treatment based on cronyism and retaliation, rather than ability, training, experience and seniority," the lawsuit states.
The lawsuit has been assigned to Judge Ingrid Gustafson.
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