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July 16, 2011 in City
Fired detective files $10 million tort claim
Harvey
(Full-size photo)
Fired Spokane Police detective Jeff Harvey and his attorney filed a $10 million claim against the city Friday, calling his termination earlier in the week a retaliation for Harvey’s work as the vice president of the Spokane Police Guild.
“I’m flabbergasted at how brazenly this particular chief is ignoring the rights of employees who work for her,” Harvey’s attorney, Bob Dunn, said. “She doesn’t believe in due process, which is absolutely amazing to me because she is supposedly a lawyer.”The city placed Harvey on paid leave in February, after a Jan. 22 incident in which Fish and Wildlife Officer Dave Spurbeck said he had to physically move Harvey away from his vehicle as Harvey tried to prevent Spurbeck from questioning youths regarding a report of shooting after hours.
Mayor Mary Verner and Spokane Police Department Chief Anne Kirkpatrick could not be reached Friday, but city spokeswoman Marlene Feist said Kirkpatrick’s termination letter “lays out the position of the city and her rationale for reaching the discipline decision that she reached. I’m sure we will hear more about this.”
The city has 60 days to respond to the tort claim, which is required under state law before anyone can file a lawsuit against a government entity.
Dunn, in the tort claim, attacked the investigation that resulted in the Spokane County Prosecutor’s Office charging Harvey with a gross misdemeanor as “the negligent investigation of spurious and contrived off duty charges against him … and the subsequent improper, highly prejudicial, and biased investigation and hearing conducted without due process by Chief Anne Kirkpatrick, as well as her numerous violations of City and Police Policy and Procedure.”
Harvey’s criminal case is due to go to trial in Spokane County District Court on Aug. 22.
Because that case is pending, Dunn said his client has not been able to tell his side of the confrontation with Spurbeck. He also said that the city was supposed to afford Harvey what’s known as a Loudermill hearing held before an impartial panel.
“But look who convenes over the entire hanging party,” Dunn said, referring to Kirkpatrick. “She slammed the gavel before the first witness could testify.”
The city publicly released Harvey’s 10-page termination letter, which was signed by Kirkpatrick and City Administrator Ted Danek and hand-delivered to Harvey’s home on Wednesday. It documented other discipline and negative evaluations during Harvey’s years in the department.
He was suspended for 20 days in 1987 after breaking a man’s arm; given an oral reprimand in 1989 after eight detention employees reported that Harvey and two fellow officers used excessive force against a 17-year-old boy; and suspended for 40 hours in 1991 for calling in sick so he could go hunting.
Dunn wrote in the claim that Kirkpatrick “orchestrated her termination letter of Harvey by selectively including portions of Detective Harvey’s private and confidential employment file and performance reviews … casting him in a false light in violation of the law and the Spokane Police Department Policy.”
Dunn pointed out in the tort claim that Harvey is one of only nine current department members awarded the department’s Medal of Valor for “extraordinary acts of bravery or heroism above and beyond what is expected in the line of duty.”
In 2009, Harvey’s supervisor, Sgt. Dan Torok, wrote that Harvey is a competent investigator who is capable of superior work.
“However, this fact is sometimes overshadowed by what appears to be an overreaction to some issues,” Torok wrote. “Often times Jeff discusses issues in the department in a manner that is afforded a union representative that would be frowned upon if it were any other detective … in his severe criticism of the administration, a policy, certain members of senior staff, etc.”
1992 murder trial begins against sex offender 
D Statler on July 16 at 7:29 a.m.
Seems Spokane has a real problem with their Detectives. I would venture to say that these are the caliber of employees you get when you promote bad cops to get them off the streets.His previous actions alone should have warranted termination sooner. I am surprised he didn’t shoot the game warden. His buddies would have covered for him again. :^(
Orphan on July 16 at 8:01 a.m.
I expected this, its further proof of how out of control Harvey is.
Employees like Harvey create a hostile work place for everyone. Harvey seems to think he is above the rules and laws.
We need to run the police guild out of Spokane.
misjustice on July 16 at 6:43 p.m.
If Harvey is unsuccessful in his bid to fleece the citizens/city of Spokane he should have to pay us 10M…
Just sayin’…
lewis8457 on July 16 at 9:22 p.m.
Harvey’s true character is displayed in his 10 million dollar suit, sure punish the tax payer of this city since he is too much of a coward to face the charges any other person accused of wrong doing.
The attitude Harvey has of being above the law seems to not have worked for Mr. Harvey with someone not from his department.
Boo-hoo-hoo I cant get my way so i will sue the city that will prove he is a man! God where do we get these people?
Kivaari on July 16 at 9:34 p.m.
He is scheduled for trial, August 22.
drywitt99 on July 17 at 12:05 a.m.
Spokane has a long history of corruption among its police detectives, and a more recent tradition of incompetence.
The people deserve better.
meyerlansky on July 17 at 6:14 a.m.
To read the comments the of the previous six imbeciles is comical. They don’t realize that under the “leadership” of our current chief the city has embroiled itself in many self inflicted fiascos (the Otto Zehm case leads the way). I am surprised that Harvey is only asking for 10 million…….he should ask for more.
Enjoy the money you will be receiving Mr. Harvey. Cash the check quickly and move out of this backwater sewer and to a real city where the likes of Ann Fitzpatrick and the previous 6 posters are shamed into staying out of the light.
misjustice on July 17 at 8:02 a.m.
^ I smell bacon!
Yeah, poooor Harvey, it’s all Annie’s fault, the citizens of Spokane, and the fault of people that post on the SR pages! It couldn’t be that Harvey isn’t a good cop and has been a problem his entire “career”; it must be everyone else’s fault. He’s so unappreciated, mistreated, and misunderstood. Poor boy.
ZagChuck on July 17 at 8:48 a.m.
Harvey is an excellent cop, and has been awarded and prompted for being top notch.
This Wrongful termination is retribution to prove a political point, and the City will end up settling out of court. The lack of true leadership cost the community a good cop and will cost them some money as well.
brianrbreen on July 18 at 9:44 a.m.
@ZagChuck
Although I disagree with you regarding Jeff Harvey and believe he has no business being a police officer and should have been fired in 1987, I do agree that Harvey will be able to make a case for wrongful termination because of the way the termination was handled by the Chief and the City. The Chief and the City have placed the taxpayers in jeopardy of having to pay a large settlement. A criminal conviction would put the City in a far better position to defend the termination, or at the very least reach a smaller settlement. On the other hand, an acquittal or dismissal of the charges puts the City in a very tenuous situation with respect to defending the termination or obtaining a reasonable settlement. In my mind there is no legitimate reason to terminate Harvey prior to his trial, and that, in and of itself demonstrates not only poor management and leadership but also fuels a bias claim against Harvey. Even though Karl Thompson has been charged with a federal civil rights crime and despite the fact that statements have been made by police administrators to federal agents that Thompson’s conduct was improper the city has chosen to wait several years for the trial to conclude prior making a disciplinary decision. The only defense to that I can see is that Thompson’s work history was pristine and Harvey’s was not, this might be a hard sell especially if Thompson is convicted.
According to Harvey’s tort claim Chief Nicks in a deposition under oath stated that Chief Kirkpatrick had demonstrated a bias against Harvey, how do you defend that? Jeff Harvey has had a capital H tattooed on his for forehead for some time and he as well as the police department have been lucky that he hasn’t had cases against defense attorney’s who knew, the H isn’t for Harvey it’s for “ Henthorn Cop” (an officer with a history of dishonesty) or as Chief Kirkpatrick calls them “Brady officer”. In the termination letter Kirkpatrick referring to Harvey’s conduct that involved “lack of truthfulness and credibility” she specifically states ; “these two facts alone would qualify you as a “Brady officer” “. How can Chief Kirkpatrick possibly justify in a deposition using as a termination element the fact that Harvey was a Henthorn Cop when she has allowed him (and others) to continue in a position where they not only testify under oath but also prepare affidavits under oath. In other departments Henthorn Cops are relegated to duties where they are not in a position to testify or submit documents under oath.
Despite my opinion of Jeff Harvey as a police officer, he, his attorney’s, and the Police Guild may have a valid claim.
The only good thing about this whole mess is that DPA Brian O’Brian appears to be handling the criminal case and I’m confident he will do a good job and the right thing.