BRIGHTON — Internal politics and a heated race for Adams County sheriff boiled over this week when veteran deputy Mark Nicastle filed a complaint in U.S. District Court alleging that incumbent Doug Darr, his boss and opponent in the election, is trying to cripple his campaign.
Nicastle — a 30-year veteran of the department — says Darr demoted him, initiated two unsubstantiated Internal Affairs investigations against him, publicly defamed him and prevented him from campaigning.
Darr, who says he looks forward to defending himself, called the allegations baseless.
“I’m pleased I’m going to get an opportunity to tell the real reason why Mark Nicastle was demoted,” Darr said.
The complaint contends Darr has violated Nicastle’s First Amendment right to free speech by stopping him from conducting a political campaign and says his 14th Amendment rights were violated when he was demoted without due process.
Nicastle’s attorney also has asked a federal judge to stop Darr from “illegally limiting” his client’s ability to campaign.
Work relationship sours
Nicastle once was considered Darr’s natural successor, said attorney Donald Sisson.
But their relationship began to sour in 2003. In 2006, when Nicastle said he wanted to run for sheriff after Darr’s final term was complete, the sheriff turned against the deputy, the complaint says.
In November, Adams County voters removed term limits for the sheriff and Darr — a Democrat — decided to run for a third term.
Nicastle, a longtime Democrat, switched parties to run against Darr as a Republican.
“A lot of guys have chinks in their armor if they are in law enforcement for 30 years. But this guy, Nicastle, is like a rock star,” Sisson said. “It wasn’t until he announced he was running against Darr that he ran into all of these problems.”
But Darr said Nicastle’s setbacks in the department were based on performance, not politics.
“Nobody likes to be falsely accused of anything, and that includes me,” Darr said. “And that’s what has happened here.”
During a 2007 Internal Affairs investigation into Nicastle, Darr took away Nicastle’s department vehicle, removed him from the Metro North Leadership Advisory Board and prohibited him from working off-duty at Denver International Airport. Darr also stopped him from attending Adams County sheriff’s sponsored events while he was on duty, the complaint says.
Excluding Nicastle from those events “gravely damaged his ability to promote himself for sheriff and hurt his reputation in the community,” the complaint alleges.
Canceling vacation time
Darr eventually ordered Nicastle to serve a seven-day suspension. Darr later canceled a vacation day Nicastle wanted to attend a golf tournament to promote himself for sheriff.
The complaint claims Darr stepped up his “retaliatory behavior” against Nicastle in 2008 — including a second Internal Affairs investigation over the use of a department computer. Darr suspended Nicastle for three days, and in July 2008, he was demoted to sergeant from lieutenant.
In September 2009, Darr canceled another vacation request for Nicastle to attend a charity golf tournament and made derogatory comments to the tournament organizers about Nicastle, the complaint says.
Nicastle now fears for his job if he attends a May 19 golf tournament where he wants to campaign, Sisson said. “This is simply political retaliation.”
Darr, however, said he has not interfered with Nicastle’s campaign.
“I’ve never made an effort to stop him from participating in any political event,” Darr said. “Not once.”
Monte Whaley: 720-929-0907 or mwhaley@denverpost.com
