Lexington police officer fired for communicating with protesters appeals termination
A Lexington police officer fired in February over information disclosed to racial justice protesters last summer has appealed his termination in court.
In a lawsuit filed Friday in Fayette Circuit Court, lawyers for Jervis Middleton allege the city violated Middelton’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 charges are administrative, not criminal.
The lawsuit asks for Middleton to be reinstated with full back pay and benefits.
The Lexington-Fayette Urban County Council voted in February to fire Middleton after a nearly 12-hour police disciplinary hearing.
Lexington Police Chief Lawrence Weathers and an internal police disciplinary board recommended Middleton be fired for violating several department policies by providing information — including details about officers working during the protest — to Black Lives Matter protest leader Sarah Williams, a friend of Middleton’s.
Police obtained Williams’ phone through a search warrant after Williams was arrested and charged with inciting a riot, among other offenses. On Williams’ phone were messages between Middleton and Williams. The criminal charges against Williams are pending.
Middleton was accused of overall misconduct, sharing internal police information and dishonesty about his communication with Williams. The council found him guilty of the first two administrative charges but not guilty of the third charge. The council’s vote was unanimous.
In court documents, lawyers for Middleton argue Middleton was originally only charged with misconduct after a public integrity unit investigation. The city law department added two charges after Middleton challenged an internal police disciplinary board recommendation that he be terminated. Officers who disagree with disciplinary recommendations can appeal the decision to the council, which is rare.
Lawyers for Middleton argue adding those additional charges after Middleton was interviewed by the public integrity unit was a violation of Middleton’s due process rights to know and defend himself against the charges against him.
The lawsuit also argues Mayor Linda Gorton, who acted as a hearing officer during the February hearing, was not correct when she barred certain testimony and evidence, including evidence that showed officers accused of much more egregious conduct had received much less severe punishment than termination. The lawsuit also challenges several other of Gorton’s rulings prior to and during the February hearing.
A police disciplinary hearing before the council is supposed to occur 75 days after the charges are filed, under state law. The hearing occurred 198 days after Middleton was formally charged, violating Middleton’s due process rights, the lawsuit said.
Keith Sparks, a lawyer for Middleton, said he could not comment on the lawsuit given a provision in state law that bars anyone from discussing police disciplinary actions until the action is final.
The city of Lexington typically does not comment on lawsuits.
During Middleton’s police disciplinary hearing, Middleton alleged he had been subjected to racial taunts and other harassment while a police officer. Middleton has been an officer since 2007.
This is not the first time Middleton has faced disciplinary action.
Middleton was acquitted of official misconduct in February 2019 by a Fayette District Court jury after 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.
Middleton also faced internal disciplinary action over the incident. Middleton and the city eventually reached an agreement in October 2019 that demoted Middleton from sergeant to officer. That agreement was reached hours before a public disciplinary hearing was set to begin.
This story was originally published March 19, 2021 at 12:18 PM.
