Ex-Brooklyn Center Police Chief’s Due Process Suit Against City Can Proceed, Other Claims Dismissed
Former Brooklyn Center Police Chief Tim Gannon’s claim that he was denied due process by the city before he said he was forced to resign may go forward in court.
Hennepin County District Judge Patrick Robben issued the ruling Thursday, while dismissing several other claims in the lawsuit filed by Gannon against the city.
Gannon resigned as chief two days after the April 11, 2021 fatal police shooting of Daunte Wright. Former officer Kim Potter had shot and killed Wright during a traffic stop using her service weapon when she said she intended to use her Taser. Potter was found guilty of first- and second-degree manslaughter in Wright’s death. She was sentenced to two years in prison in February 2022.
According to the lawsuit brought by Gannon, the city “breached its employment contract” by not affording Gannon due process prior to informing him that the city had decided to terminate his employment. Gannon stated that some city leaders, including then-acting City Manager Reggie Edwards, wanted to terminate his employment for not immediately firing officer Potter, which Gannon said would be a violation of her collective bargaining rights.
“The City Council’s termination decision and rationale — that Gannon wrongly kept Potter as an employee — could easily be used as a reason for similar employers to preclude Gannon for consideration,” wrote Judge Robben.
Gannon chose to resign in lieu of termination. Former City Manager Curt Boganey was also terminated for refusing to fire Gannon after the Daunte Wright shooting. At the time, Boganey stated that Gannon “was a long-tenured employee in good standing” and he should be granted due process to address any accusations against him.
Former Brooklyn Center Police Chief Tim Gannon testifies during Kim Potter trial.
Several counts dismissed
While Judge Robben ruled that the due process suit could proceed, he dismissed several other counts in the suit levied by Gannon against the city and other defendants named in the suit, including Edwards, council member Marquita Butler and then-Mayor Mike Elliott.
The judge dismissed claims of retaliation/Minnesota Whistleblower Act violation, discriminatory discharge and defamation. Complaints alleging the city breached its contract with Gannon and violated an employment promise that could be enforceable law, known as promissory estoppel, were also dismissed on a legal technicality.
“The city is pleased with the court’s ruling granting most of the city’s partial motion to dismiss,” said Julie Fleming-Wolfe, attorney representing the defendants. “We wished the court would have granted all of the motion, but we will have another opportunity to get the remaining claims dismissed later on in the litigation.”
In addition to the claim of due process violations, Gannon also accuses the city of violating the Minnesota Government Data Practices Act and Minnesota Open Meeting Laws. Those counts will be litigated at a later date.
“The city will bring another motion in the future to dismiss the remaining claims,” said Fleming-Wolfe.
In the defamation claim, Gannon asserted that Butler defamed him with “racially divisive” comments when she stated he was “anti-community” and “when it counted, [Gannon] did not show up in the right way for the community,” the suit contends. Gannon also claims Elliott defamed him when he called him “racist” and said Gannon had “failed the city” at a community meeting in 2022.
In the ruling to dismiss the defamation claim, “statements of opinion are not defamatory,” the judge wrote. “The First Amendment protects opinion from defamation liability,” he wrote, citing legal precedent.
The lawsuit states that Gannon “has suffered and continues to suffer loss of income, mental anguish, emotional distress, humiliation, embarrassment, loss of reputation, and other damages in excess of $50,000.”
A call and email Friday to Gannon’s attorney seeking comment was not immediately returned.
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