A former Aurora police division chief has filed a federal lawsuit against the city and Chief Dan Oates, accusing him of demoting him because he testified that he disagreed with the chief’s discipline of another officer.
Kenneth Murphy said in the lawsuit filed Tuesday that Oates violated his First Amendment rights when he demoted him in June to the rank of commander. The move came less than a month after , who was accused of shirking his duties as a lieutenant overseeing the Metro Gang Task Force. The commission upheld Oates’ decision to return Swanson to patrol.
Oates said Swanson was habitually late and sometimes failed to report for assignments with the multiagency gang task force but filed for overtime anyway. But Murphy, who was Swanson’s supervisor and friend, told commissioners that Swanson was a loyal employee with “no history of poor performance,” and he would not have recommended demoting him.
Oates called Murphy into his office days after he testified and told him he had been “too soft,” the lawsuit says. Oates demanded Murphy send a department-wide e-mail saying he believed Swanson’s demotion was supported by evidence. Murphy refused.
Oates told him he had offered him a “life-line,” and he planned to demote him, according to the suit.
“Murphy’s expression of his speech was the substantial motivating factor driving (Oates’) decision to demote him,” the lawsuit says.
Murphy is suing for employment and financial losses and well as punitive damages.
“I believe we have a meritorious defense to this litigation,” city attorney Charlie Richardson said.
Sadie Gurman: 303-954-1661, sgurman@denverpost.com or twitter.com/sgurman
