File a Claim Agains City of Ft Myers
Former inspector general files lawsuit against FMPD over charade nearly new headquarter costs, retaliation
The Fort Myers Police Section is now facing a lawsuit regarding its activity. On Monday, a erstwhile inspector general filed that suit against the city, FMPD, the police primary, a former major, and an investigator.
All of this is regarding allegations that a onetime major tried to deceive urban center council about the actual cost of new law headquarters. Flash News got an exclusive copy of the lawsuit moments after Donald Oswald's lawyers filed it in federal courtroom.
Oswald makes damning accusations against his onetime boss, FMPD Primary Derrick Diggs.
When former inspector general Donald Oswald resigned from the Fort Myers Constabulary Department, he took accusations of corruption and retaliation public. He then chosen for an independent investigation into the police force department. Many thought information technology stopped there, but that is non the example.
David Seide is Oswald's attorney. Early Monday morning, Seide filed a complaint in federal court. "This lawsuit says they smeared the inspector general in a diversity of ways," Seide said.
The suit includes Chief Derrick Diggs, old Major William Newhouse, Internal Affairs Investigator Lesa Breneman, FMPD, and the City of Fort Myers. "Nosotros've got nosotros can take this to a jury and 15, you know, in fifteen minutes, and inspector general will testify, and nosotros're confident a judge and jury will detect the defendants guilty," said Seide.
The conform lays out what WINK News reporter Sydney Persing has been reporting. Oswald accused Newhouse of making an unethical guild to a lieutenant. Newhouse reportedly told that lieutenant not to say anything to Fort Myers City Council nigh the potential cost overruns for the new constabulary headquarters. Oswald claims that, as a result, Main Diggs "commenced a entrada of discrimination and retaliation against Oswald so astringent that he was compelled to resign."
Only, this lawsuit also suggests something new, a motive. Chief Diggs wanted the urban center to renew his contract. So losing the police force station projection "could have hurt his reputation and threatened the renewed contract he wanted."
Then, Oswald and his lawyers make an explosive claim. "It implied that he's a racist, it unsaid that he was a liar. Those are smears that the Inspector General will rebut in court nether oath," said Seide.
Accused William Newhouse's attorney, Robert Burdant, predicted that this lawsuit would never go far to court. "I don't; I merely don't run across it. I think federal judges are not going to tolerate this. I think it'southward an abuse, actually," Burdant said.
Simply, if the case does get to a jury, Burdant believes they wouldn't buy the inspector full general'south argument. "When Newhouse allegedly made this statement, nobody jumped up. And if this fabricated him sick to his stomach, like he keeps saying, why didn't he spring up at that time and say, 'Wait a infinitesimal, what are you doing? This is incorrect.' Nobody did anything. Nobody said annihilation. And he didn't say anything for 14 days," said Burdant.
Earlier, Chief Diggs expressed that he was unaware of the lawsuit. Merely, Diggs decided to address the media, and Wink News investigative reporter Peter Fleischer was there.
Diggs said he felt compelled to speak on Mon due to what he referred to as "misinterpretations" surrounding the Oswald-Newhouse controversy.
Chief Diggs says that the Jensen Hughes review misinterprets FMPD policy, state law and the officers' bill of rights. Diggs also defended his work and the piece of work of the police department.
Co-ordinate to Diggs, he wanted an outside agency to behave the investigation so that he wouldn't be left to answer questions virtually what he referred to every bit "fairness" or "nonsense."
So, Diggs decided to concur a press conference before he knew about the lawsuit. Why did he suddenly feel so compelled to speak?
"I don't normally discuss internal investigations, but this has gotten to the point where information technology's gotten out of command. I felt it was of import for me to come up hither and fix the record straight," Chief Diggs said.
"This Jensen Hughes Report wants to challenge my leadership. But the bottom line is, Fort Myers and the Fort Myers Police Department is a better identify today. I was brought hither to clean up this urban center," said Diggs.
WINK News also asked specifically about Donald Oswald during the press conference. Diggs claims Oswald was expected to follow the aforementioned policies as every other officeholder. And he disputed Oswald's claims that he was ever ostracized or treated unfairly.
Chief Diggs' contract was renewed in August of 2021. Simply prior to renewal, he was publicly campaigning for a new deal. The aforementioned lawsuit points to a city council session that took place on June vii. That was merely iii days before that controversial meeting about the cost of the new headquarters took place.
That lawsuit also claims Master Diggs called the new police force headquarters "the most of import thing going on correct now." He too felt that if the project roughshod through, information technology could have injure his reputation and threatened that new contract.
WINK News investigative reporter Peter Fleischer asked Chief Diggs, "Did the police headquarters in that project that evolution, the numbers had anything to do with your contract condition at that fourth dimension?"
"Absolutely not. Absolutely not. Absolutely," Principal Diggs said.
Diggs says FMPD stands behind its investigation into that meeting. "We've never had to practise anything like this. Merely we conduct this investigation thoroughly, adequately and impartially. And it's very clear. It was up to that investigation determined that this case was unfounded. Menstruum. Case airtight," said Diggs.
Diggs determine to hold this printing conference on the came mean solar day that the investigation into that June 7 coming together comes upwards at city council.
However, the give-and-take of the case at Monday night'southward city council meeting didn't last very long. The Urban center of Fort Myers hired a business firm to conduct a review of the chief's handling of the example. That firm was paid $36,024 and the urban center even flew the company to Fort Myers to study on its findings.
Just the presentation and the question and answer session that followed only lasted for less than one-half an hour. This could exist considering the city along with the constabulary department are now defendants in the lawsuit.
Fort Myers Mayor Kevin Anderson says he knows how hard of a task this firm took on. "We know it's very difficult to police the police…know there's a question of how we law the police…who police the police," said Anderson.
Mon night during the council meeting, representatives from Jensen Hughes determined that Diggs fabricated some correct and incorrect calls equally the police chief. The house ruled that Oswald's allegations were unfound, instead of saying not sustained. Yes, at that place'due south a deviation between the 2.
"Unfounded, which is basically a simulated allegation, versus not sustained, meaning there'southward some info there but there'due south non enough to accomplish the preponderance of the evidence," a representative with Jensen Hughes said.
The majority of city quango and the mayor himself are on record calling for this review. But now, we aren't certain if they believe they've gotten their coin's worth. FortMYers City Councilman Lsiotn Bochette reminded everyone that in that location is a awaiting lawsuit. "I'd similar to start this past saying in that location's an open lawsuit," Bochette said.
Bochette mentions this because metropolis council, forth with Police force Master Diggs, the department, etc. were named in the lawsuit Oswald filed.
The urban center's attorney gave quango the green light to speak nigh the instance tonight. "I retrieve yous tin ask questions, and if we run across something problematic, I'll speak upwardly."
However, Mayor Anderson, and Councilmembers Johnny Streets and Terolyn Watson were the merely ones who asked questions. And 23 minutes subsequently, the representatives were sent home.
"Have a skillful flying back," Mayor Anderson said.
Councilman Johnny Streets went on a tape proverb he wants the citizens' review board to await at this case next. Too that, what comes next?
Burdant even so believes the conform will be dismissed by a federal judge. And Chief Diggs dismissed the findings saying he made no mistakes.
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Source: https://www.winknews.com/2022/04/18/former-inspector-general-files-lawsuit-against-fmpd-over-deception-about-new-headquarter-costs-retaliation/
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