A former police officer in Sugar Creek who alleges that he was fired after he arrested a prominent business owner won't be able to tell his story to a jury.
Jim Brooks filed a wrongful termination lawsuit against the city of Sugar Creek in 2008. Citing the doctrine of sovereign immunity, the city said the suit should be dismissed. The courts have sided with the city, rendering moot Brooks' claim that he lost his job because he pulled over the wrong Honda Prelude one night.
Here's the story he told in court papers:
At 10:15 p.m. on March 25, 2008, Brooks was on patrol when he saw a 1998 Prelude run a red light at the intersection of Sterling and Kentucky avenues. Brooks suspected that the driver was drunk. He arrested her when she failed a field sobriety test.
The driver told Brooks she wanted to talk a lawyer. She also said she wanted to talk to the chief of police, telling Brooks she would "have [his] badge." She refused a Breathalyzer test at the police station.
Brooks' supervisor, Jonathan Fields, expressed alarm when he learned that the woman, who is unnamed in court papers, was in a holding cell. "Do you know who you have in there?" Fields asked, according to Brooks. Brooks was told that the woman owned a well-known business.
"Make it go away!" Brooks says Fields told him.
Brooks shredded the paperwork and, presumably, the driver was released.
The following day, Brooks was fired by Herb Soule, the chief of police.
In court papers, the city of Sugar Creek denied Brooks' allegations, except the part about him losing his job.
Brooks, who had worked for the department for less than a year, filed his suit in Jackson County. The city asked the court to dismiss the case. The law, it turns out, was on the city's side.
Cities in Missouri have sovereign immunity from actions they undertake in the course of performing the public's business. The Missouri Supreme Court has determined that firing someone is a "government function."
For Brooks, sovereign immunity was like a boulder he couldn't push out of the way. His attorney, Rodney Ames, appealed the trial court's decision to grant the city's motion for summary judgment. Ames argued that sovereign immunity was not intended to protect cities where police officers lose their jobs for arresting prominent citizens who drink and drive. The city's lawyers argued that Brooks' scenario was irrelevant, noting that "one of the reasons the Missouri legislature gave public entities immunity from suit was to protect them from expensive and costly litigation over the facts."
The appeals court upheld the trial court's decision. The judges seemed sympathetic to Brooks' plight, however. The opinion, written by Judge Gary D. Witt, says the facts, as Brooks presented them, were "outrageous."
Brooks appears to be out of luck. The Missouri Supreme Court announced in late June that it wasn't going to take his case.
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Sugar Creek.
A village not lacking any idiots, thats for sure.
Right and wrong have no merit in that town when somebody "important" doesnt get their way.
Law is to justice as religion is to truth.
Under the law everyone is equal, "Some are just more equal than others."
The guy they arrested must have been the one that forged Obama's birth certificate. Quick, someone get Jack Cashill on this one.
Blaming Obama for what happens in some podunk Missouri PD is a bit of a stretch, don't you think?
That is what u get when u have shitty chief's as heads of a department and dem's that are presidents running things. Get a sack Missouri support the badges that do right to sa e are people. U support military now support the rest in your state.
Its Called defamation of character:
What are the elements of a defamation claim?
a publication to one other than the person defamed;a false statement of fact;that is understood as being of and concerning the plaintiff; andtending to harm the reputation of plaintiff.If the plaintiff is a public figure, he or she must also prove actual malice.
As stated by another....there are some honest and great police officers on several departments. Too bad your possible past poor choices have shown you the officers upholding a law.
You obviously don't know Brooks or what you're talking about. Brooks is a friend of mine and a good person(and, no, I'm not in law enforcement)!
Just for the record, there are some and I do mean some Good cops out there. And BTW, its ashame that you cant find better language to use when stressing a point.
There are ways to "leak" it to the paper. Source who wishes to remain anonymous, etc.
Fire him? No. Sue him? That's another story. And she's already proven that she has the "justice" system in her pocket, so it would probably be a successful suit. Can't really blame him for not wanting to take the chance.
Although I've got to say I'd have a lot more sympathy for him if he wasn't a cop. It's almost like he's getting a dose of his own medicine. It's hard to feel too sorry for someone who's getting fucked over by the system when they used to be part of that system and undoubtedly assisted in fucking plenty of other people. Doesn't feel too good, does it, Mr. Brooks?
American Justice...if you can pay for it you can get it. If you can't pay for it your screwed. Too bad people don't look into this system called Justice and won't they all be shocked to realize it's all about Commerce. It's all about Money and has nothing to do with Justice!
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