Margary Bronster, the attorney for suspended Kaua’i County Police chief George Freitas, has filed a lawsuit seeking unspecified damages against the county and certain county officials. The complaint was filed Thursday afternoon in the the federal 9th District Court. Bronster
Margary Bronster, the attorney for suspended Kaua’i County Police chief George Freitas, has filed a lawsuit seeking unspecified damages against the county and certain county officials.
The complaint was filed Thursday afternoon in the the federal 9th District Court.
Bronster said Judge Susan Oki Mollway scheduled an oral hearing for this morning to rule on the complaint and temporary restraining order to prevent the county’s Police Commission from proceeding in its action against Freitas.
The hearing will be conducted by Mollway from her Oahu chambers. Bronster and Blake will be on Kaua’i and tuned in via phone.
“We want to physically prevent them from going ahead,” Bronster said Thursday. “We certainly hope the court will enjoin the Police Commission from taking action against chief Freitas without giving him his rights.”
Named in the complaint for damages were the county, Mayor Maryanne Kusaka, county attorney Hartwell Blake, and Police Commission members Dede Wilhelm, Norman Holt, Stanton K. Pa and Victor Punua.
Commission member Michael Ching, who wasn’t on the commission when the complaints against Freitas which resulted in his suspension were lodged, wasn’t named in the suit.
The complaint against the county alleges that those named violated Freitas’ civil rights.
Freitas, who was hired as chief in October 1995, was relieved of his duties and suspended, with pay, on Aug. 13 by the commission.
Recently retired chief inspector Mel Morris, who was promoted to that position by Freitas, and Lt. Alvin Seto filed a complaint against Freitas with the commission, alleging wrongdoing by the chief.
The most serious (some observers have said the only serious) allegation is that Freitas blocked an attempt to request a witness during an investigation into criminal charges against suspended patrol officer Nelson Gabriel.
Other complaints included accusations that Freitas drove his girlfriend around in a police car, acted unprofessionally by yelling at Morris in his office, and parked his police car the wrong way at the curb of a Lihu’e street.
According to his lawsuit, Freitas “has been prevented from fulfilling his duties” as chief, “has been banned from his office and has been prohibited from contacting” police personnel.
The commission was slated to hold a hearing on Freitas at 10 a.m. today. The temporary restraining order was filed to stop what Bronster called in her complaint a “substantively and procedurally deficient” proceeding.
Beth Tokioka, county spokeswoman, said Blake would have “no comment on any matter pending before a federal court.”
If the temporary restraining order is granted, today’s meeting can’t be held. If not, the hearing on Freitas’ status is expected to go forward.
In the process that’s been underway, the commission can fire, suspend or reinstate Freitas.
Staff writer Dennis Wilken can be reached at 245-3681 (ext. 252) and mailto:dwilken@pulitzer.net
