New Haven cop's discrimination suit against chief goes forward

Jan. 29--NEW HAVEN -- Police Chief Dean Esserman was recently dropped from a sergeant's lawsuit in terms of his individual capacity, but the civil complaint alleging discriminatory treatment of a subordinate while serving in his official capacity will go forward.

Local attorney William Palmieri alleges Esserman violated the disability rights of his client, Sgt. Jason Koenig, while "acting under the color of law."

Palmieri acknowledged handling Koenig's state Commission on Human Rights and Opportunities complaint. Asked if he was handling additional CHRO cases, Palmieri remained cryptic.

"I'm handling more than one officer," he said in an interview conducted at his Church Street law office. "That's all I want to say."

Esserman declined to comment on Koenig's complaint or Palmieri's comments.

"It's a personnel matter and I want to respect Sgt. Koenig's rights," Esserman said.

After conferring with the corporation counsel, mayoral spokesman Laurence Grotheer issued a similar statement.

"It is the city's policy to withhold comment on pending litigation," Grotheer wrote in an email.

Koenig was suspended for 15 days last year after he allegedly made a racially and sexually charged comment, a charge his lawyer denied and discipline the police union fought. Koenig served the suspension.

Police records show Koenig was written up for abuse of sick time in September 2013. He had taken 16 days and three hours of sick time from Jan. 1 to Sept. 25. He had notes from doctors for four single days, a week and a note that he had a visit at another doctor for a separate day.

Koenig originally filed his suit in December 2013. He amended his complaint in October.

Koenig alleges Esserman "unfairly punished and disciplined" him, and treats him differently from other officers, "based upon the plaintiff's disability, perceived disability and/or in retaliation for his complaints about unlawful conduct."

Koenig claims he has been "targeted" by Esserman's administration since he returned to active duty in May 2012 from medical leave following a back injury he sustained during a November 2009 head-on car collision. Court documents state Koenig and another officer crashed into each other while pursuing a suspect.

The complaint notes that Koenig returned to working "light duty" three weeks after the accident.

The suit claims Esserman ordered Koenig to undergo a medical exam that ultimately determined he was suffering from a permanent back disability.

Koenig alleges Esserman then sent him a letter "falsely claiming" he could not perform essential functions of his job and indicated he would likely begin termination proceedings.

"This conduct was in retaliation for the plaintiff's complaints and constitutes further discriminatory conduct directed at the plaintiff by the defendants due to disability or perceived disability," Koenig's suit states.

The amended complaint also refers to a meeting it claims Esserman scheduled with Koenig. Koenig claims he was under the impression the meeting was a standard "meet-and-greet" since Esserman had been serving as chief only since October 2011.

Koenig claims the meeting, however, was meant to address his disability.

"Referring to the plaintiff's disability, medical conditions and line of duty injuries, defendant Esserman stated that the plaintiff 'has the worst record' that he had ever seen in 20 years of police administration," Koenig's suit states. "Defendant Esserman further inappropriately commented on the plaintiff's sensitive, confidential health information. The plaintiff was deeply humiliated."

"(Koenig) has received a release of jurisdiction from the Connecticut Commission on Human Rights and a right to sue letter from the state Equal Employment Opportunities Commission," the complaint states.

On Jan. 2 the city's Office of the Corporation Counsel cited state law when it rejected the Register's Freedom of Information request asking for copies of any CHRO complaints filed against Esserman since he became chief. State law specifies as exempt "records pertaining to strategy and negotiations with respect to pending claims or pending litigation to which the public agency is a party until such litigation or claim has been finally adjudicated or otherwise settled."

Call Evan Lips at 203-680-9367.

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