Sgt. Garcia Files Whistleblower Lawsuit Against Mpls.
MINNEAPOLIS (WCCO) -- Minneapolis Police Sgt. Jesse Garcia has filed a lawsuit against the city of Minneapolis, saying his career was sabotaged after the "Pointergate" incident last fall.
According to Minneapolis-based law firm Haluenen Law, Garcia is accusing Minneapolis police officials of sabotaging his career after he disputed the closing of a criminal investigation involving a suspect, who was a central character in "Pointergate." A news report surfaced insinuating that some believed Mayor Betsy Hodges and the man were flashing gang signs.
The lawsuit states that the man in the "Pointergate" video was one of five individuals arrested on Aug. 2, 2014 in connection to an attempted robbery in north Minneapolis. A Glock pistol was found at the arrest scene that closely resembled that of a picture of a handgun posted to the man's Instagram account.
According to the complaint, subsequent DNA testing on the gun pointed to potential DNA contact by the suspect. After the "Pointergate" incident, Garcia, who was MPD's investigating officer, alerted the mayor's office to the man's status as a suspect in a violent crime.
The lawsuit continues that Garcia's reward for informing the mayor of his suspicions was his "swift removal from the case on Nov. 13 by MPD Commander Catherine Johnson," who then told him the criminal investigation was closed with no charges filed.
Garcia further alleges that he was then a subject of an internal affairs investigation on unspecified grounds and placed in a lesser position at the Third Precinct Property Crimes Unit as further retaliation.
"Minnesota Whistleblower law makes it illegal for employers to retaliate against employees who make good-faith reports of violations of the law," Clayton Halunen, an attorney with Halunen Law said. "Sgt. Garcia refused to turn a blind eye to what he perceived to be political meddling that stymied an ongoing investigation into a violent street crime to which he was assigned. When he called it for what he alleges it was – obstruction of justice – his superiors shoved him and his complaint aside in what we believe the court will find was a punitive, retaliatory measure designed to silence him."
The lawsuit now seeks financial damages from the city for "malicious actions that harmed Garcia's career, reputation and emotional well-being."
In a written statement Tuesday, Minneapolis City Attorney Susan L. Segal says the city has not been served a lawsuit yet, but is aware of it.
"We have every reason to believe that the Police Department's actions were legal and appropriate, and we will vigorously defend the lawsuit in court," Segal said.
On Monday, the Star Tribune reported Garcia is battling stage 4 stomach cancer.