Judge dismisses lawsuit filed by Lexington officer fired for talking to protesters

A federal judge has dismissed a lawsuit filed by former Lexington Police Officer Jervis Middleton who alleged he was wrongfully terminated, faced a hostile work environment and was retaliated against for supporting Black Lives Matter protesters.

U.S. District Court Judge Danny Reeves ruled Monday in favor of the city and Lexington Police Chief Lawrence Weathers, saying Middleton failed to prove he was treated differently than white police officers when he was terminated by the city in February 2021 in part for communicating with Black Lives Matter protesters during the summer of 2020 and for giving information about police movements to protesters.

Reeves also ruled Weathers actions, in part, were protected by qualified immunity, which shields governments from lawsuits.

A lawyer for Middleton said he plans to appeal.

“We believe it is clear from the record that Jervis Middleton was fired in retaliation for exercising his First Amendment free speech rights, and that the level of discipline imposed upon him was grossly disproportionate to that which the Lexington Police Department has historically imposed to white officers,” said Jon Hollan, one of Middleton’s lawyers.

“Jervis Middleton was the only officer within the entire department who had the courage to march off-duty with thousands of other citizens in Lexington demanding racial equality and police accountability,” Hollan said. “He was brave enough to speak out against officers who engaged in severe misconduct (sexual assaults, racial bias, domestic violence, etc.). Then he became the only officer fired by the Lexington Police Department in over a decade.“

In the lawsuit, Middleton alleged he faced a hostile work environment, including being taunted by memes and racial slurs. Meanwhile, other white officers who have been accused of stalking intimate partners, using racial slurs and using police computers to find out details about ex-partners are still on the police force.

The city, in its response, denied the allegations of unchecked racial bias in the department.

The Lexington Police Department has “an effective anti-harassment and anti-discrimination policy, exercised reasonable care to prevent harassment and discrimination, and promptly took steps to correct any alleged wrongful behavior of which the (city and the police department) may have been aware,” according to the city’s response filed in June 2021.

In his order, Reeves said Middleton had to show the facts of disciplinary cases involving white officers had to be the same as Middleton’s case. Many of the examples Middleton cited were different than the circumstances surrounding Middleton’s disciplinary actions. Moreover, some of those white officers were disciplined under previous police chiefs, not Weathers. To prove disparate treatment under the law, the person making the decisions on discipline must be the same person, the ruling said.

Susan Straub, a spokeswoman for the city of Lexington, said the city does not comment on lawsuits.

Prior to being terminated in 2020, Middleton had been disciplined before.

Middleton was acquitted of official misconduct by a Fayette District Court jury in February 2019. He was accused of using police computers to get information about a woman who had accused him of stalking and spying on her after their sexual relationship ended. As part of the settlement of that disciplinary action, Middleton agreed to be demoted from sergeant to officer.

In addition to the federal lawsuit, Middleton also sued the city in Fayette Circuit Court in March 2021 alleging the city improperly fired him. The lawsuit alleges the city violated Middleton’s due process rights by failing to have a Lexington council disciplinary hearing in the statutorily required time frame and for failing to charge Middleton correctly. The lawsuit asks for Middleton to be reinstated with full back pay and benefits. In its response, the city said it followed the correct procedures when it terminated Middleton.

That lawsuit is still pending, according to court records.