THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, September 3, 1994 TAG: 9409030484
SECTION: LOCAL PAGE: B5 EDITION: FINAL
SOURCE: BY LINDA MCNATT, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 67 lines
A former Smithfield police officer, saying he was wrongfully discharged and his right to free speech was violated, has filed a $500,000-plus lawsuit in federal district court against the town and Police Chief Mark A. Marshall.
According to his lawsuit, David A. Richardson is asking for $500,000 in general damages; for lost income and benefits totaling about $26,000; loss of future professional opportunities, in an amount to be determined - and he wants his job back.
He alleges he was fired - Sept. 6, 1992, for insubordination - because of his efforts to bring to light alleged wrongdoing in the Smithfield Police Department involving then-Police Chief Claiborne A. Havens, who has since retired.
Richardson's lawsuit alleges that while he was with the department he saw evidence of altered arrest reports, altered traffic reports and unserved criminal warrants against a relative of a prominent Smithfield citizen.
An officer who supported Richardson's claims, Edward P. Hill, was fired two days after Richardson for refusing to obey a direct order to return police records. A similar suit will be filed in his behalf no later than Wednesday, his attorney, Andrew Sacks, said Friday.
``Our contention is that the civil rights of Mr. Hill have been flagrantly violated,'' Sacks said. ``Our intention is to unearth the truth about these discharges.''
Jeremiah A. Denton III, representing Richardson, agreed.
``We are looking for an independent review. This controversy has not been looked at by any court.''
Both men were fired by Marshall, who was appointed chief Aug. 5, 1992. He had been the acting chief.
The men's allegations were scrutinized by the commonwealth's attorney, who eventually called for a state police investigation of the allegations. State police found no evidence of criminal wrongdoing by the town's Police Department.
But the state police focused on possible criminal wrongdoing, said Sacks, Hill's attorney. The lawsuit filed by Richardson and that to be filed by Hill focus on alleged violation of both officers' civil rights, Sacks said Friday.
In Richardson's lawsuit, filed Tuesday, he says he carried out his duty as a police officer by reporting suspected criminal activity. He said he was harassed by then-Chief Havens until his physical and mental health were threatened and, finally, was fired by Marshall in front of Richardson's wife and several citizens in a public place.
Both Richardson and Hill filed for and were granted unemployment compensation, and the town is appealing those cases.
Because Smithfield did not receive a copy of Richardson's lawsuit until late Friday, Town Manager Kenneth L. McLawhon said he cannot comment on it.
Town Attorney William Riddick III said he had not yet had an opportunity to read the complete lawsuit. However, he said Friday afternoon, ``We'll defend it. We think it has no merit. We're confident we'll prevail.'' ILLUSTRATION: Photos
Dismissed Smithfield police officer David Richardson, left, former
Smithfield Police Chief Claiborne A. Havens, center, and current
Smithfield Police Chief Mark A. Marshall.
KEYWORDS: LAWSUIT SMITHFIELD POLICE DEPARTMENT by CNB