Federal judge tosses ex-Franklin County deputy’s ‘frivolous’ lawsuit. But it’s not over

A federal court has thrown out a lawsuit filed by a former Franklin County patrol deputy who claimed he was wrongly fired, discriminated against, defamed and deprived of his civil rights.

The judge in the U.S. District Court in Eastern Washington granted a motion for the summary judgment requested by Franklin County and Sheriff Jim Raymond.

The judge ultimately dismissed George Rapp’s lawsuit after his attorney agreed his claims of retaliation lacked evidence and the “legal authority” to support them, according to court documents.

“It’ll be nice to get ... back to doing police work instead of answering to these frivolous accusations,” Raymond told the Tri-City Herald on Friday.

Rapp’s attorneys, Andrea Clare and George Telquist with Telaré Law, could not be reached Friday about the decision but it does not mark the final note in the more than 6-year-old legal dispute.

A notice to appeal was filed last week to the U.S. Court of Appeals for the Ninth Circuit.

Retaliation claims

Rapp was hired by former Franklin County Sheriff Richard Lathim in 2011 and was first terminated in May 2016.

Raymond said Rapp was originally fired for policy violations and threatening the health and well being of fellow employees. He also was reprimanded six times in his first five years, according to previous Herald reports, though none ended in termination.

The incidents ranged from speeding so he could help a fellow law enforcement officer to appearing to fall asleep in his patrol car.

His patrol car also was not equipped with the necessary gear — first aid kits, bottled water, paperwork or traffic cones — for him to do his job.

Just a few months before his firing, Rapp reportedly became enraged after receiving what the county called a “mildy” critical performance evaluation. The fallout resulted in him being placed on administrative leave, and Rapp did not return his county-issued M16 rifle when asked to turn it in.

Raymond fired him based on all of the past reprimands.

However, the deputy’s union contract didn’t allow all of the reprimands to be put together into a single case and used as a reason to dismiss someone. Each one needed to be handled individually, according to court documents.

The arbitrator found the sheriff also didn’t seek out all of the evidence or order a psychological evaluation, according to court documents.

After he was fired, Rapp challenged the decision through arbitration and won. In September 2016, following a series of hearings, the arbitrator ordered Franklin County to reinstate Rapp and give him back pay, saying the decision to let him go didn’t meet the bargaining agreement’s standards for “just cause.”

The county appealed to Superior Court and did not reinstate Rapp until January 2019, more than two years later.

Rapp, formerly a patrol deputy, was assigned to a new job as a corrections officer in the jail’s master control room, which monitors cells and controls door access.

The suit alleged he’d been mistreated and humiliated in his new role. He said the sheriff refused to commission him, restricted his access inside the sheriff’s department, including break room.

Rapp said he wasn’t given the resources he needed to complete assigned tasks. He also was reprimanded for briefly going to the jail’s intake area while on shift to get a soda because he wasn’t allowed in that area.

His attorneys argued the county eventually found a reason to fire him again.

U.S. District Court Chief Judge Stanley Bastian in December 2020 ruled that Rapp should be rehired to his former job as a patrol deputy based on the arbitrator’s ruling.

He was ultimately never rehired and the lawsuit continued in federal court.

Then this month, Bastian ruled on Franklin County’s summary judgment motion.

Reporter Cameron Probert contributed to this report.