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Ohio Police Sergeant Files Whistleblower Suit Claiming Retaliation after He Disclosed Police Chief’s Misconduct

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Elmwood Place, Ohio Police Sergeant Gary Darty filed a lawsuit two weeks ago in the U.S. District Court for the Southern District of Ohio against Chief William Peskin, who Darty claims retaliated against him after he disclosed to local officials that Peskin had engaged in police misconduct.

Darty wrote a letter to the Elmwood Place Village Council and mayor in July 2011 citing instances in which the Chief of Police committed “unlawful and immoral acts” in the workplace. According to Darty, Peskin destroyed evidence, allowed uncertified officers to use radar guns and chemical spray, poked a handcuffed man until the man’s nose bled, and mistreated officers by firing plastic bullets at them.

Darty claims that Peskin became aware of the allegations in September and suspended Darty for three days for allegedly “lying about how a shift was covered.” According to Darty’s complaint, Peskin continued to retaliate by scheduling Darty to work unfavorable and additional shifts, including on Christmas and weekends. When Darty told Peskin that he could not work a third shift because of his childcare obligations, Peskin responded, “Maybe it’s time to a find a new job.”

The lawsuit also alleges that Elmwood Place Mayor Stephanie Morgan was negligent in investigating the incidents of police misconduct that Darty described in his July 2011 letter.  Under Ohio law, it is mandatory that government officials act upon claims of this nature.

The Employment Law Group® law firm represents employees nationally who have blown the whistle on hostile work conditions and have been the victims of retaliation.

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