Retired Boise police captain alleged discrimination, retaliation. Here’s a judge’s ruling
Two years after a former Boise police captain filed a lawsuit against the city alleging age and disability discrimination — along with claims of retaliation by then-Police Chief Ryan Lee — a federal judge dismissed the entire case.
In a 22-page order, U.S. District Judge B. Lynn Winmill found that aside from Lee’s “hostility” and the allegations of misconduct, then-Internal Affairs Capt. Tom Fleming’s working conditions remained the same.
Lee was asked to resign by Boise Mayor Lauren McLean in September 2022 after various allegations from several officers against the chief became public, in what McLean called an “unprecedented step” of publicizing personnel complaints.
Fleming was one of at least nine Boise Police Department employees, ranging from internal affairs investigators to members of the command staff, who filed complaints in 2022 with the city’s former police oversight director. The complaints — which only fully became public this year — accused Lee of engaging in unethical behavior, retaliating against subordinates, and displaying unprofessional and hostile behavior.
While the city’s former police accountability director — who was later fired — suggested that Lee be placed on administrative leave until an investigation into the berth of complaints could be completed, an independent review by law firm Bevis, Thiry, Henson & Katz concluded that there wasn’t a “single incident” that warranted placing Lee on leave, the Idaho Statesman previously reported.
However, the Boise-area law firm did find that some “policies, procedures and personalities” could be addressed.
Judge: Claims don’t ‘constitute unendurable working conditions’
Fleming said in his initial lawsuit that Lee “on multiple occasions” interfered with ongoing internal investigations, and he specifically referred to the investigation into an officer who was a witness in an off-duty shooting.
Lee “intervened and demanded” Fleming end the investigation, Fleming said. The outside investigation dismissed the complaint as a “second guess” of the chief’s decision.
ln his November 2022 lawsuit, Fleming also alleged that he was “constructively discharged” — or forced to retire because of hostile working conditions — after Lee continually discriminated against Fleming, who underwent knee-replacement surgery. The captain said Lee harassed him with “disparaging” comments about retirement plans, according to prior reporting.
But Winmill noted in his order that federal courts have rejected constructive discharge claims far “more concerning,” specifically pointing to a lawsuit involving a United States Customs supervisor who after hearing “remarks about his age” for years was transferred to a lower-ranking position on the other side of the country.
Winmill added that typically winning cases include facts that are “truly egregious,” such as an Indiana case in which a police officer was “stripped of all job responsibilities” and forced to spend his shifts alone in “a small windowless room.”
“Even after construing the evidence in a light most favorable to Fleming,” Winmill wrote, “the Court is unpersuaded that his claim of constructive discharge can survive summary judgment.”
Even if Fleming’s allegations against the city were accurate, Winmill said it still wouldn’t be enough to “constitute unendurable working conditions,” especially since Fleming wasn’t required to engage in unethical behavior.
He said the allegation that Fleming, who is in his 50s, suffered age discrimination also fell short, since the captain who replaced him was only five years younger.
“In short, Fleming was not replaced by a substantially younger employee,” Winmill said.
Fleming couldn’t immediately be reached by the Statesman for comment Tuesday.
This story was originally published November 5, 2024 at 3:58 PM.
