2 county officers sue department for $4M | Maryland Gazette (HometownGlenBurnie.com)

Officer Michael Morningstar, who was named Eastern District Officer of the Year for four of the past nine years according to the lawsuit, argued that over the past three years he was ridiculed in front of coworkers and superiors, given poor reviews without reason and even demoted for filing an Internal Affairs complaint against Officer Kathleen P. Sauerhoff.

Officer Michael Harper, who was honored last month for helping save a teenager last year from a chunk of ice floating on the Magothy River, said he suffered similar problems after he stood up for Officer Morningstar with his supervisors.

"Word was put out that they were troublemakers that would turn on their fellow officers causing their coworkers to avoid them and treat them differently," the 50-page lawsuit states, noting both officers are still with the department and still coping with the backlash.

Sgt. John Gilmer, police spokesman, declined to comment on the lawsuit, referring all questions to County Attorney Jonathan Hodgson. Mr. Hodgson and his staff could not be reached for comment.

Roy L. Mason, the officers' attorney, said he doesn't know why the department ignored the sexual harassment for so long - especially since Internal Affairs eventually directed supervisors to reprimanded Officer Sauerhoff for her actions.

"I'm dumbfounded. ... It seems to me this is a classic case of disbelief that a man can be harassed by a woman," he said, arguing the case would have been handled differently if Officer Morningstar was a woman.

The 16-count lawsuit, filed May 19 in the county's Circuit Court, follows a finding by the Equal Employment Opportunity Commission last year the department violated federal laws regarding sexual harassment and hostile work environments. The commission recommended the county pay $300,000 to Officer Morningstar and another $25,000 to Officer Harper, but the county declined.

The Department of Justice eventually decided against filing a lawsuit in the matter, but advised the officers to pursue the matter on their own with a private attorney.

The lawsuit details 22 months of alleged harassment by Officer Sauerhoff and the lengths at which the department allegedly went to deter Officer Morningstar, 32, from pursuing a formal complaint.

Specifically, the lawsuit claims Officer Sauerhoff, 49, began making unwanted sexual advances against Officer Morningstar in December 2004. Officer Morningstar responded he was happily married, but she persisted - ultimately leading him to approach Sergeants Steven Thomas, George Starkey and James Standiford, according to the lawsuit. Sgt. Starkey and Sgt. Standiford retired in February 2007.

Officer Morningstar said his supervisors initially appeared understanding and ordered Officer Sauerhoff to stay away from him. But, he said, she continued to follow him around the county in her personal vehicle, respond to calls well inside his patrol area and "stare him down" at the gas pumps.

Over time the harassment became a joke around the police station, with other officers asking about his "stalker," the lawsuit said.

The lawsuit claims supervisors were unwilling to give Officer Sauerhoff more than a verbal or written warning and that when Officer Morningstar continued to complain, they retaliated.

They reassigned Officer Morningstar to traffic duty - a perceived demotion - and ordered him to wear his bulletproof vest despite a medical condition. In April 2005, they gave Officer Morningstar a poor annual performance review even though he was nominated for employee of the month in February of that year and received other good marks in March, the lawsuit said.

When Officer Harper questioned the department's handling of his friend's sexual harassment complaint, the sergeants began to punish him, as well, the lawsuit said. The lawsuit claims both officers were "humiliated" March 22, 2005, when supervisors ordered them to break down their weapon during roll call and sit in the lobby with the pieces, according to the lawsuit.

"This type of severe treatment usually precedes being informed of a suspension," the lawsuit explained.

The retaliation got so bad, the lawsuit said, it changed how officers responded to calls in Eastern District.

"It was so clear to Plaintiff's coworkers that Morningstar was being punished and abused for pressing forward with his complaint and Harper for supporting him, that another officer agreed to act as back up for Morningstar only if he would not need to indicate so over the radio," the lawsuit said.

Officer Morningstar continued to press his direct supervisors to take action against Officer Sauerhoff, but eventually he took his complaints to Deputy Chief David Pressley, who was serving as the commander of Eastern District at the time, Chief James Teare Sr., who was serving as a deputy chief at the time, and then-Chief P. Thomas Shanahan.

The lawsuit claims Officer Morningstar wrote Chief Pressley a memo April 3, 2005 outlining his complaints, but Chief Pressley never forwarded that memo to the county's Internal Affairs Unit - a violation of departmental policy.

Officer Morningstar filed a formal Internal Affairs complaint against Officer Sauerhoff in June 2005, ultimately leading supervisors in October 2007 to order a verbal reprimand regarding a single charge of conduct unbecoming an officer, the lawsuit said.

While the Internal Affairs investigation was pending, Officer Morningstar filed criminal charges against Officer Sauerhoff alleging second-degree assault, stalking, harassment and telephone misuse. He dropped those charges in August 2006 in favor of the Internal Affairs investigation.

Officer Morningstar also contacted the EEOC while the department was investigating. The county denied the allegation, but the commission still sided with the complaining officers.

The lawsuit names the county, the county police department, Chief Teare, former Chief Shanahan, Deputy Chief Pressley, Sgt. Thomas, retired Sgt. Starkey, retired Sgt. Standiford and Officer Sauerhoff. Most of the 16 counts seek $1 million in compensatory damages and $3 million in punitive damages.

Mr. Mason said even if a jury finds in favor of his clients on more than one count, Officer Morningstar and Officer Mason can't win more than $4 million.

O'Brien Atkinson, president of the union that represents county police officers, said Tuesday they tried to stay out of the dispute because it involved multiple members of the union. He said the FOP only advised Officer Morningstar to document what he was doing and to directly contact the Internal Affairs Unit.

He said the case was complicated and made him "dizzy."

"Hopefully the court and the legal process will be able to sort this whole thing through," he said.

Sgt. Gilmer refused to release information about the various officers involved in the case, including what awards they have received during their time with the department.

In past stories in Capital-Gazette Newspapers, Sgt. Starkey and three other officers received silver stars in 1996 for disarming a man who refused to put down a weapon.

Federal court records indicate Officer Sauerhoff and another officer were sued in 1992 for unlawful arrested.

The lawsuit was eventually dismissed when the Glen Burnie man who filed the suit failed to show up for the jury trial.