After a judge ruled in a Kansas City newspaper’s favor in its $1.1 million defamation lawsuit against a former police officer, a city police department that is facing the same lawsuit has been ordered to pay the officer’s legal fees.
A judge Tuesday dismissed the lawsuit by Joseph C. Bresnahan, a former officer and police commander who retired in 2012.
The case was brought by a group of three retired Kansas City officers, who allege that Bresner misused his position and authority to retaliate against them for speaking out about the alleged misconduct of other officers.
The suit was filed in August after the officers claimed they were subject to retaliatory and retaliatory discipline.
Breganahan filed the lawsuit on behalf of the three officers.
A decision by the Kansas City City Civil Service Commission on Monday said the lawsuit would not be dismissed.
The commission did not comment on what action it will take against the city.
Bresnah’s attorney, Kevin T. Smith, said Tuesday that the lawsuit is a sham.
“This lawsuit is simply a sham to try to bully and intimidate the city of Kansas City into settling,” Smith said.
“I am disappointed that the city is continuing to pursue this.”
Bresner, a 27-year veteran of the Kansas Citian, was fired in January after he was accused of sexually assaulting two women in a downtown Kansas City hotel.
He resigned as police commander in September.
The case was investigated by the FBI and the Internal Affairs unit of the city’s Police Department, which was created in 2009.
Breganhan has alleged in the lawsuit that he was fired because of his complaints about sexual harassment and misconduct by other officers, but the allegations have not been proven in court.
Bretagne L. Brown, an attorney for the three retired officers, said the city has not filed a motion to dismiss the lawsuit and the lawsuit has no merit.
Brown said she plans to appeal the dismissal.
“I would like to see the city pay Mr. Brestnahan the legal fees he is owed, and I will be filing a lawsuit in a timely fashion in the federal court in Kansas City to get that money,” Brown said.
The three retired police officers said in the complaint that they are considering whether to file a class action lawsuit against the Kansas city government and the city police officers union.