Federal judge tosses ‘untethered’ lawsuit against Wichita filed by former police leaders

In a lengthy and scathing rebuke, a federal judge dismissed in its entirety a lawsuit filed by former Wichita police leaders against the city of Wichita, the Fraternal Order of Police and several city officials and officers.

U.S. District Judge Holly L. Teeter wrote that the former Wichita Police Department leaders failed to connect the dots between their allegations of misconduct and the named defendants, saying the case was ultimately “about different perspectives on how to run a police department.”

Teeter sided with the city of Wichita’s lawyers, who argued that the former police leaders’ lawsuit was “a press release in the guise of a pleading” that failed to state “who did what to whom.”

“A press release masquerading as a complaint is a fitting description of the first amended complaint,” wrote Teeter, who was appointed by former President Donald Trump in 2018.

Former Wichita police deputy chiefs Wanda Parker-Givens, Chester Pinkston and Jose Salcido filed the lawsuit last year seeking $2.4 million after an internal city review of a racist text messaging scandal found former Chief Gordon Ramsay and his executive staff failed to discipline officers who sent, received and reacted to the troubling text messages and later made excuses for the officers. Several of the officers later were suspended after a Wichita Eagle investigation.

In the lawsuit, Parker-Givens, Pinkston and Salcido — who have all since retired — claimed they tried to rid the department of racism, sexism, homophobia and corruption but were undermined by City Manager Robert Layton, Human Resources Director Chris Bezruki and leaders of the Wichita Fraternal Order of Police, along with other officers.

The civil complaint accused the FOP of wining and dining Bezruki for favorable treatment and laid out a host of grievances with inter-departmental disagreements over discipline, promotions and police shooting investigations. The former police chiefs accused Layton of lying and claimed City Hall reports and survey data had been manipulated to embarrass them.

Teeter called the complaint — filed by former Democratic candidate for the U.S. House James Thompson — “long, confusing, and untethered.”

“(The former deputy chiefs) try to paint a picture of the WPD, the City of Wichita, and the FOP as a singleminded, power-hungry machine that barrels over anyone in its way,” Teeter wrote. “But they repeatedly rely on broad and conclusory allegations instead of individualizing their claims by Plaintiff and Defendant. Accusing individuals of unconstitutional conduct requires more specificity. Further, where an individual’s conduct is distasteful, impolite, or even abhorrent, it does not automatically translate into a viable cause of action. It is a plaintiff’s job to connect the dots, and Plaintiffs have largely failed to do so here.”

Thompson said in written statement that he and his clients are disappointed by Teeter’s decision.

“Obviously, we disagree with Judge Teeter’s decision and are disappointed, but we respect the process,” Thompson said. “In the face of adversity, Deputy Chiefs Salcido, Pinkston, and Givens did what they had always done throughout their long careers and stood up for what they believed was right.”

Teeter was critical of Thompson’s pleading style throughout the 44-page order to dismiss. She wrote that his complaint was “complicated, confusing, and contains excessive references to seemingly irrelevant matters.”

“Resolution of these motions has been difficult,” Teeter wrote. “The difficulty largely stems from Plaintiffs’ pleading style. Plaintiffs complain of wide-ranging conduct. But they rarely tie those complaints to specific Defendants. Some of the conduct complained of does not seem to be by named Defendants at all.”

Thompson, a Wichita civil rights lawyer who has represented families of people killed by Wichita police against City Hall in the past, said he’ll keep Teeter’s comments in mind in the future.

“As far as any criticism of the pleading style, in order to avoid dismissal for not including enough information, it is the same style I have successfully used in numerous other constitutional cases over the past 20 years in federal court in front of other federal judges to satisfy the stiffer pleading requirements set by the Supreme Court’s decision in Ashcroft v. Iqbal regarding pleading constitutional violations,” Thompson said. “Judge Teeter’s comments are noted and will be kept in mind in the future.”

Jeremy Diaz, president of the Wichita Fraternal Order of Police, said in a statement that the deputy chiefs’ accusations were not true.

“We appreciate Judge Teeter’s careful analysis of all the plaintiffs’ claims,” Diaz said. “Even with Judge Teeter accepting the plaintiffs’ allegations as true, which she was required to do, she found that the plaintiffs had failed to identify a valid legal claim against the FOP and its officers. That is not to say that we believe the plaintiffs’ allegations are true. They are not.”

The city of Wichita — which spent $68,312 on legal fees in the lawsuit — declined to comment on the decision.

“We will let the judge’s ruling speak for itself,” city spokesperson Megan Lovely said.