UPDATE: 2nd reinstated Whitehouse officer sues city
Published 2:37 pm Friday, July 24, 2015
- Screen capture of lawsuit
(UPDATED JULY 24, 2015 at 2:34 pm CT) Whitehouse Police Capt. Curtis Dinger and Lt. Scott Bradley have both filed suit against the city of Whitehouse, claiming the city violated the Whistleblower Act by retailiating against them for calling outside law enforcement agencies to investigate accusations against Police Chief Craig Shelton.
Dinger seeks between $100,000 and $200,000, according to the suit filed with the Smith County District Clerk’s Office Thursday afternoon.
The Bradley lawsuit was filed Friday afternoon by Tyler attorney Brett Harrison, but was awaiting a cause number to be assigned from the district clerks’ office.
“We have filed our own, but similar whistleblower lawsuit for Scott Bradley against the city of Whitehouse,” Harrison said Friday afternoon.
Dinger’s attorney Dallas Tharpe claims Whitehouse city officials — including council members, City Manager Kevin Huckabee, Police Chief Craig Shelton and others— retaliated against Dinger, because he called the Texas Rangers, Smith County Sheriff’s Office and the Smith County District Attorney to investigate accusations that Shelton had assaulted an officer’s wife on the night of May 14.
Dinger and Lt. Scott Bradley, who were on duty the night the assault was reported, were placed on paid leave on May 15, along with Shelton, Huckabee and Cpl. Shawn Johnson. City officials said all five men were placed on leave until the city could complete an investigation into whether any of the five men violated city policies and procedures that night.
According to lawsuit documents, Dinger and Bradley attempted to conduct an initial investigation into Jessica Johnson’s claims against Shelton but were prevented from doing so by Shelton and Huckabee.
The suit filed Thursday claims Dinger determined Shelton and Huckabee were both intoxicated and were not cooperating with Dinger and other officers, so Dinger reported the accusations to outside agencies.
Bradley and Dinger were reinstated on July 19 after a 64-day investigation, which the lawsuit states was a tactic by the city to discredit Dinger.
Tharpe states in the suit Dinger was told he violated at least four city policies and, after being reinstated, was placed on a six-week probationary period.
However, he said he was not able to divulge what the violations were that Dinger committed.
The city of Whitehouse had told the newspaper that the independent investigation had showed Shelton, Huckabee and Johnson committed violations, but cleared Dinger and Bradley of any policy violations.
The newspaper sent the city an open records request Friday, after phone calls went unanswered.
Tharpe also claims Dinger has been punished by being moved to the night shift and assigned to Class C warrants.
When Interim Police Chief Dan Finklestein goes on vacation, another agency is sending a lieutenant to do the job Dinger would do under normal circumstances.
Tharpe said Dinger has suffered emotionally, and has lost sleep and income. While on paid leave, he was not able to work private security, which is a common side income job for law enforcement personnel.
Tharpe said he believes the lawsuit will withstand judicial review.
“I will say that this is a textbook whistleblower case,” Tharpe said Friday morning.