By Rob Tucker
The News Tribune
PIERCE COUNTY, Wash. - A Pierce County Superior Court judge has dismissed a lawsuit against the City of DuPont that was filed by a police sergeant who was fired for threatening colleagues and other behavior.
The city’s attorneys argued that Patrick Murphy hadn’t exhausted administrative remedies in his breach of contract and defamation lawsuit.
The city also argued that the two-year limit had run out when Murphy filed his defamation claim. And attorneys said the report he alleged had defamed him was a public record.
Superior Court Judge Vicki Hogan dismissed the lawsuit on Dec. 21, “which means it’s done,” said DuPont City Administrator Bill McDonald.
Murphy’s attorney in Everett, Rod Moody, said that the officer lost the case on procedural grounds. He said substantial issues weren’t litigated.
Murphy, 46, was accused of misconduct and of violating city police policies. He was fired in 2003.
A Lacey Police Department investigation found that Murphy threatened officers while displaying his service revolver. Investigators found he misused his authority by requesting personal loans from several officers and conducted personal business on city time, among other findings.
Murphy sued in January, saying the investigation was deficient, that the city violated its labor contract, and that the city defamed him when it released investigation results to the public in 2003.
He said in an interview that he talked to his attorney about dropping the lawsuit because he realized he couldn’t have what he wanted: to clear his name and to get an apology from the city. The judge acted before Murphy could drop the suit.
In a claim that was filed before he sued, Murphy had cited $500,000 in damages. The later lawsuit didn’t specify a damage amount.
“I just want the citizens of DuPont to know that I wasn’t trying to take money away from them,” he said.
In an earlier e-mail to The News Tribune he said, “By continuing the lawsuit I would be hurting people that live in DuPont. Citizens of DuPont and friends that I care about would have to testify.”
Murphy worked at the DuPont Police Department for about six years.
He now works for the Brier Police Department in Snohomish County. He said he has taken an examination for a police officer’s job in Bonney Lake.
Bonney Lake Police Chief Mike Mitchell confirmed Murphy is a candidate for an open job.
He said he has heard about Murphy’s problems in DuPont, but hasn’t looked at the records yet.
Mitchell said police officers who worked with Murphy in Snohomish County said he does a good job there. Mitchell said the city will begin a complete background check on Murphy soon.
While the Murphy case has ended, DuPont is dealing with another police problem: Chief Michael Pohl is under investigation in connection with a Nov. 9 fight at a Thurston County residence involving him and several other people. All were drinking.
Pohl has said he was off duty, unarmed and did nothing illegal. County prosecutors declined to file charges.
But the City of DuPont ordered an internal investigation, which was done by the Lakewood Police Department, to determine if Pohl violated police policies.
The city hasn’t released results of that investigation.
Pohl, who is on paid administrative leave, was given the opportunity to defend himself and his role in the violent encounter at a hearing Thursday.
McDonald, the city administrator, is responsible for disciplinary action in this case.
He told The Olympian newspaper he hoped to have a decision this week.
Copyright 2008 The News Tribune