Former St. Paul cop says he was wrongly fired; judge
hears arguments on tossing lawsuit
A
former St. Paul cop's lawsuit, contending he was wrongly fired, should be
dismissed, lawyers for the city of St. Paul and the police union contended
Monday, May 21.
James
McKnight, formerly with the St. Paul Police Department, was hired in 2004 and
fired in April 2011 after two other terminations, rehires and alleged policy
violations. He sued the city and the St. Paul Police Federation on March 14,
seeking reinstatement and claiming he had been unfairly fired.
During
his tenure at the police department, McKnight was fired and reinstated several
times.
He
initially drew scrutiny as a rookie in 2005 after accusations he had sex while
on duty after escorting a drunken woman home. He was fired after the department
accused him of lying to investigators but was rehired after DNA evidence
disproved the accusation.
The
allegations, though, went on McKnight's employment record after he signed a
"Last Chance Agreement," which stipulated his termination for any
future breaches of department policy over a five-year period, according to his
affidavit.
Since
then, McKnight was a victim of "fallacious" allegations in 2005 and
had been unfairly targeted by the department ever since, his attorney, Michael
Dougherty, told the court.
A
2005 email sent within the department alleged "issues with Officer
McKnight's truthfulness in the past" and
recounts an incident where his gun had been smashed. McKnight claimed he
dropped it, the email said, but "the force was so severe he likely drove
over it." He also "seldom" turned in written reports,
asserted the email by Assistant Police Chief Nancy Diperna.
In 2009, he was fired
again for not responding to a burglary call. McKnight argued it was a false alarm
based on the caller merely seeing "unknown footprints," the affidavit
said. He was rehired again upon signing another last-chance agreement in July
2010.
His
final termination from the department was for
an overnight break he took without permission at his West St. Paul home on Jan.
22, 2011. McKnight said he was outside the city for less than 15 minutes
and hadn't been sought to help with a shooting call occurring at the same time.
Upon returning to St. Paul, his squad
car struck a barrier on an icy Minnesota 52.
While
the accident earned McKnight a reprimand from the department, leaving his
patrol area got him fired.
McKnight
had left the city to take care of his dog, said Lawrence Hayes, attorney for
the city of St. Paul.
McKnight
had "two bites of the apple," Hayes said.
McKnight
claimed in his affidavit that he signed the last-chance agreements with the
understanding his past allegations wouldn't be held against him in future
firings. The most recent termination alleged more than leaving his post, he
said, and includes "conduct unbecoming to a peace officer,"
insubordination and "disgraceful conduct."
After
the court hearing, McKnight complained to his lawyer that other officers did
not draw similar punishments for squad car accidents and leaving patrol areas.
"I
don't have to go far to get home," he said, pointing through the
courthouse exit to West St. Paul.