Santa Rosa police captain's suit dismissed

A federal judge this week dismissed a violation-of-privacy lawsuit filed by a former Santa Rosa Police Department captain fired in May amid widespread departmental dysfunction.

But an attorney for Jamie Mitchel, formerly second in charge under former Chief Ed Flint, said Friday the dismissal was based on technicalities, and he is preparing to refile the suit later this month.

Mitchel, 54, alleges the city violated his constitutional right to privacy when it distributed the results of an investigation into four internal complaints to the complainants and their attorney. He also claims the city wrongfully terminated him to appease those who had filed the complaints.

U.S. Northern District Court Judge Susan Illston on Tuesday granted the city's motion to dismiss the case on several grounds, including because Mitchel failed to follow two required legal procedures before filing suit.

The judge said the distribution of the investigative report is protected from litigation because it was prepared in response to claims of gender discrimination from department employees. She also ruled that the privacy claims should be dismissed because they were based on a violation of state law, not federal law.

Mitchel's attorney, Scott Lewis of Santa Rosa, said the dismissal was an effort by the court to "narrow down the issues that ultimately will be in front of a jury." The judge said Mitchel must exhaust all other legal remedies before renewing the suit.

"The court said we were somewhat premature," Lewis said. "The court wants us to go through this arbitration process and then come back."

Neither City Attorney Caroline Fowler nor a San Francisco attorney representing the city returned calls seeking comment Friday.

Mitchel's suspension and subsequent firing revealed serious discontent within the 250-employee department. Employees had divided into factions, some of whom supported Flint and Mitchel and others who backed other longtime police managers.

Flint, who when the controversy became public said he planned to remain with the department indefinitely, resigned abruptly in July with a $97,000 separation package. He has declined to comment on Mitchel's firing or his own departure.

The upheaval thrust four internal complaints into the public eye. Filed between January 2007 and February 2008, the complaints allege gender disparity, discrimination and retaliation by Flint. Two of the complaints also name Mitchel, whom Flint hired from Sacramento in June 2005.

Mitchel and the city are beginning binding arbitration this month, a process the city charter calls for in police and fire department personnel disputes.

In her 10-page ruling, the federal judge said Mitchel may still argue that he was retaliated against for speaking out, and that his due process rights were violated with his termination and when the investigative information was disclosed.

Since the suit was filed in May, Mitchel has met two legal hurdles the judge said were required before he could proceed. He has filed a legal claim against the city, which it denied, and the state has issued what's called a "right to sue" letter.

Lewis said he is "restructuring" the suit to conform to the judge's ruling and will refile within a few weeks.

You can reach Staff Writer L.A. Carter at 568-5312 or lori.carter@pressdemocrat.com.