A lawsuit filed by a Kaua‘i police officer in September 2004 alleging violations of her civil rights and the Whistleblower’s Protection Act has settled in federal court. In the lawsuit, Officer Darla Abbatiello claims she was harassed, hospitalized and demoted
A lawsuit filed by a Kaua‘i police officer in September 2004 alleging violations of her civil rights and the Whistleblower’s Protection Act has settled in federal court.
In the lawsuit, Officer Darla Abbatiello claims she was harassed, hospitalized and demoted after she reported allegations made by alleged drug dealers that a sergeant in another section was accepting bribes.
Her claim spawned a number of investigations within the department in 2003, as well as one headed by the FBI.
According to electronic court records, Abbatiello’s lawsuit was settled Monday. However, the amount of the settlement has not been made official.
Cases involving settlements that are covered by county coffers cannot be disclosed until the amount has been approved by county council. At press time, Kaua‘i council members had not yet voted on a settlement amount related to Abbatiello’s case.
County Attorney Matthew Pyun and David Minkin, one of the attorneys for the defense, did not return phone calls for comment.
Dan Hempey, one of Abbatiello’s attorneys, said he could not comment on the amount his client had been seeking in the case.
The case began following a 2003 incident in which Abbatiello was investigating alleged methamphetamine dealers, in which one of the suspects claimed to have police protection.
The complaint states that one of the suspects, Heather Herron, said fellow suspect Craig Iwase had paid former Sgt. Irvil Kapua, who wasn’t assigned to the narcotics section, $6,000 via a third party to avoid being arrested.
No evidence other than the statements made by the drug-dealing suspects exists to support the allegation against Kapua, who retired Friday.
However, depositions made by higher-ups within the department corroborate allegations that Kapua had on several occasions dissuaded Abbatiello from pursuing the case against Iwase.
The suit also states Iwase was arrested months later on charges related to dealing nearly $500,000 worth of methamphetamine.
In addition to Kapua, defendants named in the case are the county, the police department, former Police Chief K.C. Lum, retired Acting Police Chief Willie Ihu, Deputy Chief Gordon Isoda and former Lt. Dean Pigao.
