Jury decides Michigan sheriff played politics with deputies' speech

By The Associated Press

10.17.02

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EAST LANSING, Mich. — A jury yesterday said Berrien County's sheriff violated three officers' constitutional rights when he reassigned them after defeating a candidate they supported in a bitter election.

The federal court jury, which listened to four days of testimony, deliberated for nearly six hours before reaching a decision. The men were awarded compensatory and punitive damages ranging from $95,000 to $105,000 each.

"I'm very pleased. The jurors obviously took this very seriously," said Lt. Tom Yops.

Yops and fellow Lts. Rolland LaBaumbard and John Briney said their free-speech rights were violated when they were removed from their posts and placed on road patrol after they campaigned for former Sheriff Robert Kimmerly in the 2000 election. LaBaumbard, who got the highest monetary award, was demoted from captain to lieutenant.

"The only consistent explanation is politics," said their attorney, Nelson Miller.

The case was tried in U.S. District Court because the officers said the actions violated their First Amendment rights, which are protected by the U.S. Constitution.

"They're done expressing their political views because of what happened to them," Miller said.

Sheriff Paul Bailey says the changes had nothing to do with politics and were made so the department would be more efficient. "There is nothing illegal about him reorganizing and bringing in a new administration," said Bailey's lawyer, Tom Fette.

Bailey, who shook hands with the three officers after leaving the courtroom yesterday, said he expected to have a good working relationship with them despite the verdict.

"I respect the jury's decision and stand by the decision I made to improve the department," he said. He didn't say whether he would consider an appeal or transfer the three officers back to their old jobs. Yops said the officers don't expect to get their old jobs back immediately.

Miller said 36 officers who supported Bailey were promoted after his election, while 13 of Kimmerly's supporters were demoted. "That isn't chance. That's human design," Miller said.

Miller said the plaintiffs were skilled officers with impeccable records who now fear they will be passed over for promotions.

Fette said Bailey believed the narcotics and detective units, which the three officers were leading, weren't performing to his expectations. After Briney was removed from the narcotics unit, the unit's marijuana seizures increased, Fette said.

Fette said several officers testified that Bailey told his transition team not to consider politics when deciding whether to reassign officers. He gave several examples of Kimmerly supporters who weren't transferred from their posts. "When you look at the real evidence, there is no pattern," he said.

Fette added that road patrol is just as important as the other units in the sheriff's department. "We challenge the notion that a particular move is up or down," he said. "What you're seeing is the plaintiffs' personal preference."

Miller challenged that assertion, and said several officers testified that the men who replaced LaBaumbard, Yops and Briney didn't have equal experience or training.

"That's like having Barry Bonds pitch batting practice and saying you're improving the team," Miller said.