Fourth former Boise police officer accuses BPD of harassment, wrongful termination
A fourth former Boise Police officer has accused the department of wrongful termination and harassment in connection with a 2019 incident when an officer allegedly put a trainee in a choke hold.
On Jan. 15, attorneys for Michael Ziegenhein filed a tort claim with the city and a lawsuit in an Idaho state court claiming Ziegenhein was unlawfully terminated from the Boise Police Department and later harassed.
A tort claim is a preface to a lawsuit against a government agency and contains allegations of wrongdoing. In this case, both documents were filed the same day.
Ziegenhein is the fourth former officer to make claims against the department following the 2019 incident.
Two other former officers who reportedly witnessed the incident — Joshua Keyser and Jeffrey Triplett — also filed tort claims. A third former officer — Sierrna Berg — filed a tort claim prior to a lawsuit against the department, which was filed in federal court.
In March 2019, several police trainees reported seeing Officer Josh Kincaid put trainee Nate Gifford into a choke hold after Gifford reportedly refused to hand over the results of his body composition measurements. While Ziegenhein says in the complaint that he did not witness the alleged assault, he says Gifford seemed “shocked, embarrassed and distraught” after the incident.
Afterward, Berg, Keyser and Triplett reported the incident to their training officer, Nate Davis. Ziegenhein did not file a report then. All four graduated with their Peace Officer Standards and Training, or POST, certifications in May 2019.
Ziegenhein’s complaint — filed in Ada County’s 4th District Court — echoes allegations made in the tort claims and lawsuits made by Berg, Keyser and Triplett. The three said their field training records were changed from passing grades to non-passing grades before all three were terminated.
Triplett said in his claim that he was told he was “not a good fit” for the department in September 2019, and claimed his training scores were retroactively changed. He also said the BPD later attempted to interfere with an employment opportunity in Auburn, Washington.
Keyser also said his scores were falsified, and he was terminated by the department in November 2019. Both filed tort claims that same month, with Keyser suing in April 2020. As of Tuesday, Keyser’s lawsuit was unresolved, and Triplett has yet to sue in state or federal court.
In her federal lawsuit filed last April, Berg claimed that not only were her training scores falsified, but she was subjected to sexual discrimination and harassment. Her case is pending.
According to Ziegenhein’s lawsuit, the department began an internal affairs investigation following the tort claims and suits filed by Berg, Keyser and Triplett. Ziegenhein was interviewed in February 2020 as part of the investigation. He told an investigator he was aware of Keyser’s altered training scores.
In March 2020, Ziegenhein was reportedly disciplined for “using profanity toward a person who was attacking him during a DUI traffic stop,” the complaint says. That same month he was placed on administrative leave with pay after alleged policy violations for arrests made “while responding to a loud party complaint where drugs and juveniles were present.”
Ziegenhein said he was not made aware of the allegations against him until May 26, 2020, nearly two months after he was placed on administrative leave. He was terminated on July 30, 2020.
Afterward, BPD allegedly continued to discipline Ziegenhein for conduct that was “unsupported by evidence and patently false,” according to the complaint. BPD accused him of placing a choke hold on a detainee, though Ziegenhein said that finding is not supported by body camera footage or evidence.
The suit continued: “BPD went as far as to take the disturbing step of accusing and disciplining (Ziegenhein) for lewd conduct, a baseless and defamatory allegation.” Ziegenhein also says he was harassed by BPD officers, who allegedly made calls to his subsequent employer, asking to speak with his manager and leaving messages.
Asked for comment, Boise police spokesperson Haley Williams said the department cannot discuss pending litigation.
Ziegenhein’s suit did not specify an amount for damages but requested a jury trial and that the department pay for attorney fees. As of Tuesday, the department had yet to file a response to his allegations.
This story was originally published February 17, 2021 at 8:51 AM.
