Spokane7
67°
November 4, 2011 in City
Jury says Kirkpatrick wrongly fired detective; awards $700k
A jury on Friday awarded more than $700,000 to a Spokane police detective after finding he was wrongfully fired and then retaliated against by Spokane Police Chief Anne Kirkpatrick.
The amount includes $250,000 in punitive damages against Kirkpatrick, who quickly left Superior Court Judge Kathleen O’Connor’s courtroom with Assistant City Attorney Ellen O’Hara. Both declined comment.
Detective Jay Mehring, 43, was reinstated at the advice of the city attorney’s office and given back pay after a jury acquitted him in October 2008 of allegations he’d threatened to kill his wife during a messy divorce. He’d been placed on unpaid layoff status in March 2007 after charges were filed, and Kirkpatrick held a press conference to inform the media. Despite his reinstatement, he’s on paid administrative leave in what his lawyer, Bob Dunn, told jurors was retaliation for his lawsuit.
Marlene Feist, spokeswoman for the City of Spokane, said the verdict likely will be appealed.
She said Kirkpatrick “is trying to hold her officers to high standards, so we’re supporting her in that effort.”
“It’s always a balancing act to try to deal with discipline in the public sector, especially in the uniformed areas,” Feist said.
The jury of six men and six women deliberated for about five hours over two days.
Before deliberations began, O’Connor issued a partial verdict in Mehring’s favor, ruling that the City of Spokane committed a violation when it laid off Mehring pending the resolution of his felony charge. Jurors then ruled that the city violated Mehring’s rights to due process, and that the city and Kirkpatrick intentionally or recklessly inflicted distress.
In addition to the punitive damages, the jurors awarded $45,675 in economic damages to cover Mehring’s expenses while he was unemployed and $427,000 for emotional distress and pain and suffering.
Milt Rowland, attorney for the City of Spokane, told jurors in his closing argument Thursday that Kirkpatrick had a right to place Mehring on unpaid leave amidst troubling allegations that brought his mental stability into question.
“A police officer who’s doing his job shouldn’t be committing felonies, or probable cause for a felony,” Rowland said.
Dunn said Kirkpatrick ignored employment procedures in an effort to make her look like a strong leader.
“Her cause was to move on to bigger and better places,” Dunn said.
By awarding punitive damages, jurors are “basically saying ‘excuse us, but this conduct is so far over the top we are not going to allow you to get away with it,” Dunn said.
Dunn said the judgment will collect interest at 12 percent per year if the city appeals. He said he plans to seek a court order that the city pay Mehring’s attorney fees and costs, “which I suspect will be in excess of half a million dollars,” Dunn said.
Human trafficking suspects released 
Scoutster on November 04 at 2:01 p.m.
Let us just hope everyone treated poorly by the SPD gets a check for $700K.
Poor baby.
horse_feathers on November 04 at 2:05 p.m.
The cheif should of fired Thompson not Mehring-OOOOPS
bripple37 on November 04 at 2:05 p.m.
Spokane City Officials…..DO THESE IDIOTS EVER MAKE A GOOD DECISION????
Even when they want to fire a rotten cop, they screw it up! I’m glad I don’t live in Spokane. Taxpayers…..between this and the coming Zehm payout, you guys are screwed!!
DHF on November 04 at 2:07 p.m.
Incompentence goes a long way. Your city needs a new Chief of Police.
de3 on November 04 at 2:20 p.m.
This city needs a whole new city. Spokane is an embarrassment to the entire inland northwest.
ChefGus/ John Olsen on November 04 at 2:21 p.m.
Duh!
Al_Loysius on November 04 at 2:28 p.m.
Despite the tone of the article, it is a pyhrric victory for Mehring and probably the 700k is not too far off from what he likely was offered to settle prior to trial. I suspect that despite the award, the City and the State Risk Pool (insurance) are breathing a sigh of relief. Here is why:
Bob Dunn likely took the case on a contingent fee basis. That usually means that he would get 33% if the case were settled prior to trial, and that percentage going up to around 40 to 50% after trial. Mehring may or may not get his attorney fees paid. The bottom line is that he may end up with as little as 100 to 200k after all is said and done. And, if either side appeals, that will add at least a couple of years before he sees any money.
Mehring will never get hired by another law-enforcement agency. He is radioactive. If he stays with the SPD he will probably get assigned to a dull pencil-pushing job where he does not have to interact with the public (See Karl Thompson).
Kirkpatrick will be out of here in the next 6 to 12 months and I suspect she will still be in demand for cities that want to satisfy a desire to meet goals to hire females and minorities.
So, go back to Mehring in a year and ask if it was all worth it.
Dazzeetrader11 on November 04 at 2:29 p.m.
She should have let go years ago. She’s in on the coverup. Now..will anyone trust that Spokane needs a new Mayor?
Imcompetency from top to bottom. Clean the place out.
healinhand on November 04 at 2:30 p.m.
No problem with the money…We can just add a little more to the new Tabs Tax, and sinse nothing is getting done to the roads, there should be plenty of money for the City to continue to make big payouts on law suits…….
Sunshinegurl on November 04 at 2:37 p.m.
In retrospect this trial should have been moved to Yakima.
Truthhurts on November 04 at 2:38 p.m.
I have worked in absolutely sick environments before, handling Human Resource meltdowns.
Usually, the managerial culture becomes detached from reality, first through arrogance, and then through group pressure.
Groupthink reigns along with pressure to conform to be a “team player” or a “good old boy” or a “positive thinker.” The environment becomes abusive, with “enemies” and “enemies lists,” and if you bring reality to the organization, then you are seen as an enemy. (“if you ain’t with us, you’re against us.”)
Then, they don’t don’t do things right (e.g., Zehm killing and cover-up) then, they decide to do the “right” thing (fire Mehring in over-reaction) and they still have not gathered their facts.
Many, many education administrators are like this: “It’s the UNION’s FAULT I cannot carefully document facts!”
Any manager must realize this: (1) My decisions are constrained by laws and facts. (2) I must NOT create a culture of arrogance or sycophancy in which the facts will be hidden from me, and we must NOT come to believe we are above the law, which, if it goes on long enough, will lead us to not even understand the law, as it has become so foreign to our exercising our whim and calling it “legal.” (3) I MUST create a culture in which everyone realizes they are disciplined by law and by fact, and that facts are what they are, not what we hope they are, and that laws are not freely ignored.
Spokane has a lot of manipulators in City Government who control the information flow (the “facts”), and who control the “legal” interpretations, until the City has become absolutely detached from factual and legal reality. The manipulators have power because the mayor and council are happy to have “reality” spoon-fed to them.
However, REAL-Reality is now thumping the City.
jeffinspok on November 04 at 2:49 p.m.
I am glad to see this officer, who was found innocent by a court of law get what was due to him. Jay Mehring committed no crime, was arrested, tried and found not guilty. Yet he was still screwed with by a agency and leader with no values. WAY TO GO JAY, for having the nerve to stand against what is wrong and fight for what is right! CONGRATS
another_perspective on November 04 at 2:59 p.m.
Were there four dozen spokane police officers standing up and saluting as Mehring left the court room?
Its ok to salute a murderer, but its NOT ok to salute an innocent man.
Maybe we can petition Mehring to run for Asst Police Chief?
JayNW on November 04 at 3:02 p.m.
Al_Loysius- actually there was no settlement offer- and he keeps his job. At this point, unless the city wants another lawsuit, he can pretty much work in any posittion, especially have his detective spot back. also, the city will have to pay his attorney fees from what I understand.
soccermomsusie on November 04 at 3:04 p.m.
Jeepers! When you respect due process and follow the law, we pitchforkians get angry! FIRE HIMMMMMMMM!!!!
When you give us what we want and it winds up costing us $$$ we get angry! FIRE HERRRRRRRRRRR!!!
Clearly, we need a man of David Condon’s insight and integrity to lead our city!
Untarnished by experience and driven by our Tea Party Ideology!! THE MAYOR SPOKANE DESERVES!!!
http://youtu.be/WKdNUNIUX7Q
HEAR OUR VOICE!!!
Scoutster on November 04 at 3:38 p.m.
jeffinspok…
How many people do you suppose this police force and criminal justice system have screwed over who were innocent and they got ZERO?
Oh, but he’s special.
Al_Loysius on November 04 at 4:14 p.m.
Jay, in theory he might be assigned to the Detective division, but in practice he would be a liability there. Any defense attorney worth his salt will dig through the records of this just-concluded civil case and find lots of material to impeach him with if he ever testifies in a criminal case and it is his word against somebody else. If he has testified to suffering emotional/mental health issues then his credibility is going to be attacked in front of the jury. Plus, it will be years before a lot of jurors will be able to say they have never heard of him and have no opinion about him.
I suspect even he knows that. This is why I predict a dull, dead-end job with SPD until he collects his pension. Either that, or it will happen the first time a criminal case goes to trial and it blows up in his face because of his notoriety.
TheRoyLarsen on November 04 at 4:26 p.m.
Every now and then, there is a person with half an ounce of sense who posts something of substance. TRUTHHURTS is that person. Sir, you have restored my faith in the human element.
norpass on November 04 at 5:12 p.m.
Wow, seems there is something stinky in Spokane City government. Expensive too. You know what will fix that, election. Remove every last one from the mojo Mayor Mary cause you know, she’s up for the re-elect, then remove the remainder as their terms expire. Clean house at Spokane PD admin. A little soap and water, some elbow grease (you know the scrubby drill), some disinfectant, and presto! Brammy NEW and IMPROVED City government.
Probably wouldn’t be a bad idea to ditch McMorris-Rodgers too. She’s getting over large. Oh well, next year for her.
brianrbreen on November 04 at 5:16 p.m.
Al
I hate to beat you up again. But Mehring is a good cop and will be back on the job, and now even better then he was. If you don’t believe me ask Wert (Prep guy). Glad to see it Jay, the time is now to step up. When you have a cop, that when you show screw ups to them and they say ah sh%t your right I missed it and they go and tell the right people, then I’ve got their back. I will bet my next pay check that the supervisors when he was working a drug task force said great things about him. One thing people don’t know is that some SPD Officers way prior to Zehm were asked to leave, not because the feds were out for the SPD, but because there just wasn’t a lot of respect there for what they stood for.
The SPD has had cops for one reason or another asked to leave federal task forces. Not Mehring even before he went there for some reason had some respect, any one that wants to can challenge me on this you are on. Just saying a good cop got screwed.
Yep I’m happy with this verdict. Actually I’m doing pretty good so far.
avboden on November 04 at 5:20 p.m.
$427,000 for emotional distress and pain and suffering.
?!This is what’s wrong with this country, put a limmit on this stupid payout and the lawsuits will start to disappear
another_perspective on November 04 at 5:30 p.m.
Al_loysius sounds a lot like M. Brady
brianrbreen on November 04 at 5:35 p.m.
Al_
I hate to beat you up again. But Mehring is a good cop and will be back on the job, and now even better then he was. If you don’t believe me ask Wert (Prep guy) or Palmer. Glad to see it Jay, the time is now to step up. When you have a cop, that when you show screw ups to them and they say ah sh%t your right I missed it and they go and tell the right people, then I’ve got their back. I will bet my next pay check that the supervisors when he was working a drug task force said great things about him. One thing people don’t know is that some SPD Officers way prior to Zehm were asked to leave, not because the feds were out for the SPD, but because there just wasn’t a lot of respect there for what they stood for.
Mehring has my respect. He was put in the toilet because he came out and told the truth about Kirkpatrick right after the verdict, on TV. Any one that wants to can challenge me on this you are on. Just saying a good cop got screwed.
Yep I’m happy with this verdict. Actually I’m doing pretty good so far.
Al,
You stick to being a lawyer, I’ll stick to deciding who are the good cops and who are the bad cops.
Hunterman on November 04 at 6:07 p.m.
Another Perspective- No, I doubt if any cops saluted this innocent, good, and wrongly convicted cop the way they so eagerly saluted Klubber Karl in front of Otto’s grieving family. Yes, Spokane has a really serious problem…
lowtechmaster on November 04 at 6:32 p.m.
Note that the attorney plans to get “over $500,000.”
empyrius on November 04 at 6:40 p.m.
I had really been trying to be more sympathetic and understanding of the daily grind the coppers have to face on the streets . . .
But man!!!!!!
These dudes are bleeding us dry!
But the top 5% will gladly forfeit all of our money to make sure they stay well protected.
Occupy the energy sectors people!
pax vobiscum
brianrbreen on November 04 at 7:11 p.m.
No question in my mind, it was the rotten cops fault. Never ever could it have been that poor little demurer Chief of Police from Tennessee she is too sweet and nice, and supposedly tough as nails. “We are lucky to have her, every one else in the country wants her. We are so lucky.” That from a city council person.
Now, at least you can buy me a drink. Don’t be upset when Harvey gets more, but he probably won’t be able to come back, which is a good thing besides he will be able to hunt to his hearts content.
brianrbreen on November 04 at 7:43 p.m.
Al,
Want to talk Brady and Henthorn. There is nothing there for this kid. Look at the file.
He’s okay the other one isn’t. He’s got a chance to be a good Detective. There are no elements of dishonesty on his part anywhere in this case. The jury decided where the dishonesty belonged. Look at the criminal trial transcript, and tell me who has some problems.
circle8 on November 04 at 7:45 p.m.
For the past 27 years I have watched and laughed at the problems of Spokane P.D. Any organization that expects to succeed must have a strong leader. In 27 years the PD has not been able to find one. When you have any organization led by someone who was hired by the feel good people it will fail. The city does not want a good PD and continually hires quota type people. Their next candidate will probably an African-American Female who has a Hispanic surname and is the child of illegal immigrants but she was born in the US. That won’t work either.
I recall one candidate who was the Chief of Pullman Washington at the time and he made the short list. He was Chief Weatherly known for level headed thinking, strong leadership and able to lead a department of good Police Officers plus give the community a secure environment. I suspect he was not selected because he was all those things and the city of Spokane wanted a feel good Chief. They hired one and he too was a failure. The city has a dingbat now and I bet the new Chief will be a clone. Dingbats have a tendency to hire dingbats.
DickAdams on November 04 at 7:58 p.m.
Excellent posts, Brian. If I could I`d be more than happy to hire you back to LE. Post haste. Thanks for all the help giving me a better understanding as you explain the ins and outs of this stuff. Never too old to learn. A 82 YO..
GaryP on November 04 at 11:34 p.m.
Brian Breen- you are spot on about Mehring. He’s a good guy and cop that got screwed by an incompetent, vindictive city leadership. When all said and done, Kirkpatrick will cost the city 4 million.