Doña Ana County Sheriff Kim Stewart faces 5th civil lawsuit
EL PASO, Texas (KTSM) — A fifth civil lawsuit has been filed against Doña Ana County Sheriff Kim Stewart and is alleging violations of the Whistleblower Protection Act, according to court documents obtained by KTSM.
The lawsuit was filed on Tuesday, April 30 and lists Obed Marte, and Perri Marte as the plaintiffs, who were both formerly employed at DASO.
Both Obed and Perri Marte are seeking damages based on retaliation for participating in union activities and for refusing to participate in illegal or improper conduct on the part of DASO, Doña Ana County Sheriff Kim Stewart, County Manager Fernando Macias, and Doña Ana County who are listed as the defendants.
The lawsuit states the plaintiffs are a married couple and were both law enforcement officers. They were both employees of DASO starting in April 2020.
The lawsuit states that DASO hired the plaintiffs knowing they were married and qualified as public employees within the Whistle Blower Act.
According to the lawsuit, Perri Marte was the Public Information Officer (PIO) for DASO and was also a patrol deputy in 2020.
In 2021, Perri Marte was contacted by the Union President and was asked to sit on the Union Negotiation Committee. She accepted the offer and discussed this with Stewart.
According to the lawsuit, after Perri Marte disclosed her union activities, Stewart told her they “should not speak anymore.”
The lawsuit states that Perri Marte and Obed Marte both participated in the union and were then bullied, harassed, discriminated against, and retaliated against by Stewart who ordered her employees to do the same.
Perri Marte was soon removed from her PIO position in July 2021 and was still being retaliated against, harassed, and bullied by Stewart months later, according to the lawsuit.
Perri Marte was then assigned to the courthouse and soon after applied to move from patrol to courthouse security. However, her application was denied, and was told she could not transfer, according to the lawsuit.
Perri Marte soon after submitted her resignation after she was told that the Sheriff’s Office could not “accommodate her light duty anymore,” the lawsuit said.
Obed Marte experienced two officer-involved shootings and Stewart “ignored and failed” to provide mental health support for him, according to the lawsuit.
The lawsuit states Obed Marte was “wrongfully terminated” in May 2022 after anonymously creating a “satirical and comical newsletter” that included Stewart and other employees.
According to the lawsuit, Obed Marte appealed this decision to the County Manager Fernando Macias who ultimately upheld the termination in May 2022.
Obed Marte then received a letter stating that the New Mexico Law Enforcement Academy was investigating him after they reportedly received a complaint from Stewart.
Obed Marte’s law enforcement certification was then suspended for 30 days and he resumed being a certified police officer in November 2022, according to the lawsuit.
The plaintiffs are seeking actual and compensatory damages, equitable remedies and to be reinstated to their positions that were held at the time of “wrongful termination.”
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