RRD Partner Michael T. Ryan and Associate Jonathan C. Zellner, on behalf of a city, its mayor, and its chief of police, recently obtained dismissal of a civil rights lawsuit arising out of the resignation of a former police officer. The officer had been accused of planting drugs on a civilian during a motor vehicle stop and arrest and had been suspended with pay pending an investigation into the accusations. Shortly thereafter, the officer resigned his position and entered into a settlement agreement with the city and the local police union. The officer then sued the city, the mayor, and the chief of police, claiming a constructive discharge and violations of his due process rights, false light invasion of privacy, and negligent and intentional infliction of emotional distress. On a motion to dismiss by Attorneys Ryan and Zellner, the Honorable Stefan R. Underhill dismissed the plaintiff’s complaint in its entirety. Judge Underhill found that the plaintiff resigned on his own volition, that he never asked for a hearing prior to resigning, and that he did not allege that he had been coerced into signing the settlement agreement. Judge Underhill also found that the plaintiff made no allegation that statements the mayor had made to the press regarding the accusations against the plaintiff and the circumstances of the plaintiff’s suspension were false.
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