A Deschutes County Sheriff’s Office sergeant gave notice that he intends to sue the office due to discrimination and retaliation stemming from his interest in unionization and his support of a 2024 sheriff’s candidate.
Sgt. James McLaughlin detailed four instances between October 2023 and June in which sheriff’s office leadership allegedly encroached upon his First Amendment rights, according to a June 7 tort claim notice, which informs government agencies of an impending lawsuit.
The sheriff’s office refutes the claims made and is committed to addressing it through the courts, Captain Michael Shults said in an emailed statement.
“We intend to vigorously defend our position through the appropriate legal process,†he said.
In October, McLaughlin submitted a police dog for a national award, which led to him being accused of “attempting to subvert the authority of Sheriff (Shane) Nelson and Captain (William) Bailey,†the notice said. He was reportedly warned not to “step out of line again,†according to the notice.
Then, in February, McLaughlin signed a petition in favor of sheriff’s office sergeants unionizing and joining the employee association.
In April, McLaughlin gave a speech at a campaign event for sheriff candidate Sgt. Kent Vander Kamp.
“Since this speech, Sergeant McLaughlin has been warned by many ranking officials in the Sheriff’s office to ‘tone down’ his support for the political candidate, to not ‘lose your career’ over this candidate, and other insinuations from high-ranking officers,†the notice read.
Sheriff Nelson endorsed Bailey as his preferred successor last year.
In early June, days before the tort claim notice was filed, McLaughlin was called to participate in an internal affairs investigation “into his comments critical of command staff.†The third-party investigator, Jim Ferraris, has conducted investigations for the office in the past, including one into a deputy who failed to show up to a court hearing, resulting in a man retrieving his gun and later committing suicide.
“In this pretextual investigation, Sergeant McLaughlin was questioned about his knowledge of a social media account,†the notice said. “This social media account, DSCO Follies, appears critical of current Sheriff Shane Nelson and his use of county funds.â€
McLaughlin’s lawyer, Luke Dahlin, a Portland-based attorney at Employment Law Professionals NW, said it’s irrelevant whether McLaughlin is associated with DCSO Follies, a lampoon blog and Facebook page focused on sheriff’s office activities.
In the notice, he argued that each of the four instances “are all matters of public concern.â€
“It’s all constitutionally protected activity that Sgt. McLaughlin is engaging in, and the sheriff’s office seems to have a reputation of walking over constitutional rights,†Dahlin told The ÅÝֱܽ²¥ Friday.
According to the notice, McLaughlin intends to claim non-economic damages, future loss of wages and benefits and payment for reasonable attorney fees and costs once a formal lawsuit is filed. Dahlin declined to provide a timeline.
The notice is just the latest in a string of legal actions and complaints involving the sheriff’s office.
In May 2022, a former sheriff’s captain, Deron McMaster, sued Nelson and the office in federal court for $2.5 million for allegedly violating his free speech rights. The case is scheduled for a settlement conference in Eugene in August.
In January, a former inmate, Bryan Beyer, sued the office in federal court for excessive force after incurring injuries to his wrist and thumb while handcuffed in the jail.
In February, the family of Kendra Sawyer, who committed suicide while in the jail, filed a wrongful death suit against the office in federal court.
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