DES MOINES, Iowa (AP) - A sergeant with the Polk County Sheriff’s Office who ran unsuccessfully for sheriff claims in a federal civil rights lawsuit that he was shifted to different work and passed over for a promotion in retaliation for seeking the office.
Sgt. Dan Charleston filed the lawsuit this month against Polk County Sheriff William McCarthy, a chief deputy in the office and three members of the county’s civil service commission, The Des Moines Register reported (https://dmreg.co/1m76uqr ). He is seeking monetary damages to compensate for lost earnings, benefits and emotional distress.
Charleston, a 17-year veteran of the department, said he has faced retaliation since challenging McCarthy for the sheriff’s position in 2012. He claims that he was disciplined for his political beliefs in violation of his First Amendment rights. Charleston is a Republican; McCarthy is a Democrat.
McCarthy took 58 percent of the vote in the November 2012 election.
The lawsuit claims Charleston received some poor performance reviews after he announced his plan to run for sheriff. He also says he was wrongfully disciplined for a roadside incident and not allowed to attend a training program by the U.S. Department of Justice.
Lt. Brent Long, a sheriff’s department spokesman, said Charleston tried to reach a $1.8 million settlement with the department.
“Dan Charleston is a disgruntled employee who has not yet realized he lost the election for sheriff by a significant margin,” Long said. “We referred the lawsuit to the Polk County attorney’s office, who will file the appropriate response with the court.”
Charleston’s attorney, Stephen Fieweger, declined to comment on the amount but said his client asked for a settlement before the lawsuit was filed. He said the Polk County attorney’s office declined the settlement and said Charleston’s claims had no merit.
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Information from: The Des Moines Register, https://www.desmoinesregister.com
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