A lawsuit filed against Platte Woods mayor John Smedley and chief of police Jim Kerns last year by a former part-time police officer was dismissed by the United States District Court.
According to the dismissal order, filed in March, each party is to bear their own costs and fees associated with the lawsuit, which was filed by Robert Cutler last May in Platte County Circuit Court. It was sent on to federal court in June 2020.
The suit sought damages for alleged retaliation by city officials against a self-identified “whistleblower,” — Cutler. The suit arose after a letter of complaint from unnamed city employees was sent to Smedley and the board of aldermen in September 2019, alleging misconduct by both Smedley and Kerns. The unsigned five page letter was supported by an additional document detailing a total of 180 allegations of mismanagement.
Smedley said the complaint was taken seriously and investigated, then discussed by the board of aldermen in November 2019. The city considered the matter closed, but Cutler and other whistleblowers took the complaint to the Missouri Attorney General.
Shortly after, Cutler says he was terminated from the Platte Woods Police Department, with the city citing “ongoing concerns about judgement.” Cutler believes his termination was retaliatory, but sought to formalize a separation agreement allowing him to pursue other law enforcement jobs.
Cutler says in the suit that despite this agreement, Cutler’s separation from the city was reported to the Missouri Peace Officer Standards and Training (POST) program as due to “complaints of intimidation, including an alleged Fourth Amendment violation.”
The 26-page suit alleged eight counts against the city, mayor and chief and asked for a jury trial. Cutler sought injunctive relief requiring removal and correction of the POST statement and asked for protection under the Whistleblower Protection Act.
The suit asked for an award of actual and compensatory damages, punitive damages, statutory damages including penalties and liquidated damages, injunctive relief and his costs and attorneys’ fees.