Story Published:
Jan 21, 2010 at 12:40 PM PDT
Story Updated:
Jan 21, 2010 at 5:06 PM PDT
MAYWOOD — A judge ruled Tuesday that four Maywood policemen who allege they were put on leave and told to take mental exams for exposing serious misconduct within the department will have to file separate lawsuits.
Los Angeles Superior Court Judge Amy D. Hogue said the law does not permit lawyers for officers Edward Patrick Lowinger, Jerry Salgado, Angel Villegas and Dennis Azevedo to combine all of their causes of action in one lawsuit as they did, although there may be grounds to consolidate them later.
In response to a motion by city of Maywood attorney Elizabeth M. Kessel, Hogue also ruled that the officers’ lawyers will have to clarify portions of the allegations within the lawsuit.
The lawmen sued the city last July. Among the allegations are retaliation and discrimination due to national origin, disability or age.
All four maintain they were punished for bringing governmental claims against the city, which was required before they could file a lawsuit.
However, attorneys for the officers say their clients were never told precisely what they had allegedly done wrong to deserve being put on leave and told to take psychological tests to determine their fitness for duty.
Azevedo’s lawyer, Marla A. Brown, said the punishments were part of a “rogue proceeding” that did not abide by the city’s own rules.
Christopher Brizzolara, who represents the other three lawmen, said what happened to his clients is “unheard of.”
The city rejected the governmental claims and has denied any wrongdoing.
According to the lawsuit, all four officers tried to tell their superiors about activities involving the department they alleged were improper, then were later retaliated against.
In June 2007, Salgado told Cmdr. Frank Hauptmann — now the police chief — that then-Chief Richard Lyons, as a political favor, illegally released a car owned by then-Mayor Felipe Aguirre. The car was impounded for vehicle violations, the suit states.
Salgado also alleged that department leaders were illegally accessing confidential officer records, according to the lawsuit.
In February 2008, Lowinger reported to Hauptmann, who by this time was chief, and to the Los Angeles County District Attorney’s Office that former Chief Alfred Hutchings had allegedly committed “multiple acts of perjury,” according to the lawsuit.
A month later, Villegas and Lowinger asked for more officers to monitor crimes at the El Potrero nightclub in Cudahy — which is patrolled by Maywood police — because of a series of shootings, robberies, assaults and a rape, the suit states.
However, Hauptmann told them “not to go near or around [the club] and keep your officers out of the parking lot,” according to the lawsuit.
The officers also contend the city ignored their claims that disparate vehicle impound policies were in existence for Maywood and Cudahy and that some Maywood police officers discriminated against blacks.
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